Tripura High Court
Mr. D. Debnath vs None on 14 March, 2022
HIGH COURT OF TRIPURA
AGARTALA
CRP 12 of 2022
For Petitioner(s) : Mr. D. Debnath, Adv.
For Respondent(s) : None.
HON'BLE MR. JUSTICE T. AMARNATH GOUD
ORDER
14.03.2022
This is an application under Article 227 of the constitution of
India for revision and quashing the judgment and order dated
22.11.2021 passed by the Additional District Judge, Court No.2, West
Tripura, Agartala in case No.Misc(A)16 of 2019 dismissing the appeal
affirming the judgment and order dated 27.07.2019 passed by the Civil
Judge, Junior Division, Court No.2, Agartala, West Tripura dismissing
the case No.Misc(Vio) 02 of 2016 on the application under order XXXIX,
Rule 2A of CPC filed against the Defendant Opposite Party Respondents
for willful disobedience and violation of the order of injunction dated
20.09.2016 passed by the District Judge, West Tripura, Agartala in case
No.Misc(A) 15 of 2016 arising out of case no. Misc(Inj) 02 of 2016.
[2] It is the case of the petitioners that as the respondent-
defendants have violated the order of injunction dated 20.09.2016
passed in Misc (A)15 of 2016 by the District Judge, West Tripura
Agartala, the petitioners herein preferred a petition before the Civil
Judge, Junior Division, Court No.2, Agartala, West Tripura indicating
that the order dated 20.09.2016 passed by the District Judge, West
Tripura has been violated by the defendants and further construction
was in progress. Since the trial court was not convinced as no sufficient
materials has been placed before the trial court to say that the
construction which is in progress and the same is made after
20.09.2016 dismissed the Civil Misc(Vio) 02 of 2016 by the order dated
29.07.2019. Aggrieved by the order of the trial court, the petitioners
further preferred an appeal being Misc, Appeal No.16 of 2019 before the
Additional District Judge, West Tripura, Agartala. The said court in view
of lack of proper evidence confirmed the order dated 29.07.2019 of the
trial court and dismissed the appeal vide order dated 22.11.2021.
Aggrieved thereby the present petition.
[3] The counsel for the petitioners has made his submission on
facts but with regard to the merits to bring the respondent-defendants
for violation of the order dated 20.09.2016 of the court below, no
sufficient evidence has been placed to take cognizance of such violation.
[4] In view of the above, this court is of the view to dismiss the
present revision petition confirming the order dated 22.11.2021 passed
by the Additional District Judge, West Tripura, Agartala.
[5] Accordingly, the civil revision petition is dismissed.
JUDGE
Dipak
