Tripura High Court
Sri Pradip Kr. Deb & Ors vs Legal Heirs Of Sri Narayan Natta on 5 February, 2024
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
HIGH COURT OF TRIPURA
AGARTALA
CRP No. 42 of 2021
Sri Pradip Kr. Deb & Ors. Petitioner(s)
Versus
Legal heirs of Sri Narayan Natta,
Sri Abhijit Natta & Ors. Respondent(s)
For Petitioner(s) : Mr. P. K Dhar, Senior Advocate
Mr. R. Debnath, Advocate
For Respondent(s) : Mr. S. Bhattacharjee, Advocate
Mrs. P. Dhar, Advocate
Mr. John Debbarma, Advocate
Along with
CRP No. 44 of 2021
Sri Pradip Kr. Deb & Ors. Petitioner(s)
Versus
Sri Bhulu Natta & Ors. Respondent(s)
For Petitioner(s) : Mr. P. K Dhar, Senior Advocate
Mr. R. Debnath, Advocate
For Respondent(s) : Mr. S. Bhattacharjee, Advocate
Mrs. P. Dhar, Advocate
Mr. S. Saha, Advocate
Mr. John Debbarma, Advocate
Date of hearing : 05.02.2024.
Date of delivery of
Judgment & Order : 05/02/2024
Whether fit for reporting : NO
BEFORE
HON'BLE MR. JUSTICE T. AMARNATH GOUD
J U D G M E N T & O R D E R (Oral )
The Civil Revision Petition No.42 of 2021 has been filed under
Article 227 of the Constitution of India for reversing/setting aside/modifying the
order dated 06.11.2019 passed by the learned Civil Judge (Senior Division),
Court No.1, West Tripura, Agartala in Misc. (Ex.) 19 of 2017 arising out of
Ex.(T) 11 of 2017 disposing the case in view of the order dated 06.11.2019
allowing Misc.(Ex) 05 of 2018. The Subsequent CRP No. 44 of 2021 has been
filed under Article 227 of the Constitution of India for reversing/setting
aside/modifying the order dated 06.11.2019 passed by the learned Civil Judge
(Senior Division), Court No.1, West Tripura, Agartala in Misc. (Ex.) 20 of 2017
arising out of Ex.(T) 11 of 2017 disposing the case in view of the order dated
06.11.2019 allowing Misc.(Ex) 05 of 2018.
2. The brief fact of both the cases are that predecessor of the
petitioners filed Title Suit No. 03 of 2002 which was decreed by Learned Trial
Court and appeal was preferred by some of the respondents which was partly
allowed and RSA No. 91 of 2011 arose which was decided in favour of the
petitioners who were substituted on the death of their predecessor and the
petitioners filed Ex(T) 11 of 2017 for execution of decree and the respondents
separately filed objection and application etc. which were registered as Misc.
(Ex) 05 of 2018 , Misc. (Ex) 18 of 2017, Misc. (Ex) 19 of 2017 and Misc. (Ex)
20 of 2017. Learned Executing Court passed order dated 06.11.2019 in
Misc.(Ex) 05 of 2018 holding that the decree in question was not executable
and in view of such order, all other Misc.(Execution) cases were disposed of and
the main Ex(T) 11 of 2017 was dismissed and therefore, the petitioners have
come up with the instant application under Article 227 of the Constitution of
India against order dated 06.11.2019 passed by Learned Executing Court below
in Misc. (Ex) 19 of 2017 and Misc.(Ex)20 of 2017.
3. Since the subject matter involved in both this revision petitions
are similar, the same are taken up together for hearing and disposal.
4. Heard Mr. P. K Dhar, learned senior counsel assisted by Mr. R.
Debnath, learned counsel appearing for the petitioners in both the revision
petition. Also heard Mrs. P. Dhar, learned counsel and Mr. John Debbarma,
learned counsel appearing for their respective respondents. Mr. S.
Bhattacharjee, learned counsel and Mr. S. Saha, learned counsel also appear
for their respective respondents in both the revision petition and perused the
evidence on record.
5. Both the present CRPs are heard together. After considering the
objections of both sides, this Court is of the opinion that the present matters
needs a fresh consideration. As such, in terms of the objection raised by both
the parties, these present matters are remanded back to the Court below for
passing detailed and speaking order considering the objection of both sides.
Both parties are at liberty to take appropriate steps before the Court below.
Accordingly, the impugned order dated 06.11.2019 is set aside and remanded
back to Court below for adjudication in the terms of the above directions.
6. With the above observation and direction, these present CRPs
stand disposed of. Stay if any stands vacated. Pending application(s), if any
also stands closed.
JUDGE
Paritosh
SABYASACH Digitally signed by
SABYASACHI GHOSH
I GHOSH Date: 2024.02.08
17:32:36 +05'30'
