Mr. S. Bhattacharjee vs Mr. Dk Das Choudhury
2021 Latest Caselaw 1115 Tri

                 HIGH COURT OF TRIPURA
                        AGARTALA
                     Tr. P.(C) 20/2021

For Petitioner(s)         :      Mr. S. Bhattacharjee, Advocate
For Respondent(s)         :      Mr. DK Das Choudhury, Advocate

HON'BLE MR. JUSTICE ARINDAM LODH Order 16/11/2021 Heard Mr. S. Bhattacharjee, learned counsel appearing for the petitioner and Mr. DK Das Choudhury, learned counsel appearing for the respondent no. 1.

This is a petition filed under Section 24 of the CPC for transferring the Money Appeal no. 02 of 2019 from the court of learned District Judge, South Tripura, Belonia to this Hon'ble High Court for hearing alongwith case No. RFA 39 of 2019 pending before this High Court. Shortly stated, the respondents being the plaintiffs had instituted a Money suit in the court of learned Civil Judge, Senior Division, Belonia, South Tripura for recovery of Rs. 25 lakh. After hearing the learned counsel, the learned Civil Judge passed its decree awarding Rs. 5 lakh in favour of the plaintiff-respondents. Being aggrieved of the said decree, the respondents had preferred a First Appeal before this court challenging the judgment passed by the learned Civil Judge and seeking recovery of remaining Rs. 20 lakh. Simultaneously, the petitioner of this petition, who was the original defendant had preferred an appeal before the court of learned District Judge, South Tripura, Belonia challenging the decree of granting Rs. 5 lakh infavour of the plaintiff-respondents. On the aforesaid background, the learned counsel appearing for the petitioner has submitted that it would be convenient for final resolution of the dispute if the case pending before the learned District Judge, South Tripura, Belonia be transferred to the file of this High Court for the purpose of hearing of both the cases together, which also shall avoid multiplicity of judicial proceeding.

Mr. Das Choudhury, learned counsel for the respondents submits that he has no objection if the appeal pending before the learned District Judge, South Tripura, Belonia is transferred to the file of this court and both the appeals be heard together since common questions of law and facts to be raised in both the appeals.

I am also in agreement with the submission of the learned counsel appearing for the parties to the lis.

Accordingly, I direct the court of learned District Judge, South Tripura, Belonia to transfer the case being Money Appeal No. 02 of 2019 pending before it to the file of this court within a period of 2 (two) weeks from the date of receipt of this order.

Accordingly, the instant petition stands allowed and disposed.

JUDGE

Saikat