For vs Mr. D. Datta
2021 Latest Caselaw 973 Tri

                                 HIGH COURT OF TRIPURA
                                       AGARTALA
                                       IA No.1 of 2021
                                    In RSA No.20 of 2021
          For Applicant(s)        :     Mr. Somik Deb, Sr. Adv.
                                        Mr. D. Datta, Adv.
          For Respondent(s)       :     None

HON'BLE MR. JUSTICE S. TALAPATRA

Order

24/09/2021

Heard Mr. Somik Deb, learned senior counsel assisted by Mr. D.

Datta, learned counsel appearing for the applicant.

This is an application seeking withdrawal of the appeal being RSA

No.20 of 2021 with liberty to file a fresh second appeal from the same

judgment as challenged in this appeal.

Having perused to the records this court is of the view the

appellant has got any legal character or locus standi to be added party in

the proceeding inasmuch he has no extant proprietary right over the suit

land. As such, the applicant is allowed to withdraw the appeal, but this

court cannot for the above context grant liberty to the applicant to file a

fresh appeal as sought for. However, this order will not bar the applicant

to institute a fresh suit based on any right over the suit land, if permitted

by law.

Accordingly, this application stands allowed.

The consequential order will be passed in the appeal.

JUDGE

Moumita