For vs For
2022 Latest Caselaw 860 Tri

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                   HIGH COURT OF TRIPURA
                       _A_G_A_R_T_A_L_A_
              IA No.03 of 2022 IN LA APP No.30 of 2021
For Applicant(s)       : Mr. U.K. Majumder, Advocate.
For Respondent(s)      : Mr. Debalay Bhattacharya, G.A.,

Mr. P. Gautam, Advocate, Mr. T. Chakraborty, Advocate.

HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY _O_ R_ D_ E_ R_ 16/09/2022 Heard learned counsel for the respective parties.

Learned counsel for the applicant-appellant submits that two

appeals came to be erroneously filed against a common decree and order

passed by the learned L.A. Judge. One such appeal was L.A. APP No.68

of 2021 which came to be disposed of by order dated 10.12.2021 with the

undertaking that the appellant would abide by the decree and judgment

passed by the learned L.A Judge.

It is pertinent to mention herein that execution case arising

thereof is pending consideration before the executing court. However, in

my earnest opinion, since L.A APP No.68 of 2021 of the appellant was

disposed of with the undertaking as recorded hereinabove, this Court has

no further jurisdiction to entertain another appeal against the selfsame

decree and order and the appellant is bound by the undertaking recorded

in the earlier appeal. Therefore, LA APP No.30 of 2021 also stands

disposed of with the following directions :

(i)The appeal stands dismissed on account of the undertaking

recorded by this Court in LA APP No.68 of 2021 and further

the Registry of this Court is directed to transfer the entire

amount deposited by the appellant before this Court to the

executing court along with accrued interest thereon.

The appeal and the application stand disposed of. Pending

application(s), if any, also stands disposed of.

(INDRAJIT MAHANTY), CJ

Dipesh