Smt. Milan Rani Paul (Sarkar) And ... vs The State Of Tripura & Others
2023 Latest Caselaw 180 Tri

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                        HIGH COURT OF TRIPURA
                              AGARTALA
                          Review Pet. No.06/2023

Smt. Milan Rani Paul (Sarkar) and others
                                                   .........Review Petitioner(s).
                                VERSUS
The State of Tripura & others
                                                        .........Respondent(s).

For Review Petitioner(s) : Mr. Debarun Singh Konwar, Advocate. For Respondent(s) : Mr. Debalay Bhattacharya, G.A., Mr. Soumyadeep Saha, Advocate.

HON'BLE THE CHIEF JUSTICE MR. JASWANT SINGH HON'BLE MR. JUSTICE T. AMARNATH GOUD

Order (Oral) 22/02/2023 (Jaswant Singh, C.J.)

Mr. Debarun Singh Konwar, learned counsel, has appeared on

behalf of the review-petitioners. Mr. Debalay Bhattacharya, learned

Government Advocate assisted by Mr. Soumyadeep Saha, learned counsel

has appeared on behalf of the State respondents.

The applicants-petitioners, who are respondents in the Writ

Appeal No.154 of 2022, have preferred the present review seeking recalling

of the order dated 22.12.2022 passed in the I.A. No.01 of 2022 whereby the

delay of 114 days in filing the Writ Appeal No.154 of 2022 by the State was

condoned on the premise that the petitioners/respondents had no objection to

the condonation of delay.

It is claimed that there appears to be an inadvertent mistake in

recording of the order as a serious contest had been raised on behalf of the

counsel for the respondents at the time of hearing of the application. In

support, the affidavits of respective counsel have been annexed with the

present review.

At the time of hearing today, learned counsel for the State

concedes that the present application in view of the contents deserves to be

allowed.

In view of above, the present review petition [Review Pet. No.06

of 2023] stands allowed. The order dated 22.12.2022 passed in I.A. No.01 of

2022 filed in Writ Appeal No.154 of 2022 is hereby recalled.

I.A. No.01/2022 in W.A. No.154/2022 and W.A. No.154/2022.

Mr. Debalay Bhattacharya, learned Government Advocate

assisted by Mr. Soumyadeep Saha, learned counsel appearing for the

appellants/State (judgment-debtor) as well as Mr. Debarun Singh Konwar,

learned counsel for the decree holder-respondents concede that during the

pendency of the proceedings before this Court, the execution filed by the

decree holder stands satisfied without any further contest by the State

authorities and thereby rendering the present writ appeal itself as infructuous.

Accordingly, the writ appeal is disposed of as infructuous.

In view of the aforesaid agreed stand, the payment of the costs of

Rs.50,000/- (rupees fifty thousand) in terms of the order dated 15.09.2022

passed by the learned Single Judge in Review Petition No.51 of 2022 are

hereby exempted.

The writ appeal [W.A. No.154 of 2022] as also the I.A. No.01 of

2022 stands disposed of in view of above terms.

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

  (T. AMARNATH GOUD), J                           (JASWANT SINGH), CJ




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