Tripura High Court
Sri Pradip Kr. Deb & Ors vs Smt. Kiran Bala Debnath & Ors on 5 February, 2024
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
HIGH COURT OF TRIPURA
AGARTALA
CRP No. 43 of 2021
Sri Pradip Kr. Deb & Ors. Petitioner(s)
Versus
Smt. Kiran Bala Debnath & Ors. Respondent(s)
For Petitioner(s) : Mr. P. K Dhar, Senior Advocate.
Mr. R. Debnath, Advocate
For Respondent(s) : Mrs. P. Dhar, Advocate.
Mr. S. Bhattacharjee, 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
HON'BLE MR. JUSTICE T. AMARNATH GOUD
J U D G M E N T & O R D E R (Oral )
This present Civil Revision Petition 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.) 18 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 the case is 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) 18 of 2017 .
3. Heard Mr. P. K Dhar, learned senior counsel assisted by Mr. R.
Debnath, learned counsel appearing for the petitioners. Also heard Mrs. P.
Dhar, learned counsel and Mr. John Debbarma, learned counsel appearing for
their respective respondents. Mr. S. Bhattacharjee, learned counsel is also
present on behalf of respective respondents in the present revision petition and
perused the evidence on record.
4. After considering the objections of both sides, this Court is of the
opinion that the present matter needs a fresh consideration. As such, in terms
of the objection raised by both the parties, this present matter is 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.
5. With the above observation and direction, this present CRP
stands disposed of. Stay if any stands vacated. Pending application(s), if any
also stands closed.
JUDGE
Paritosh
SABYASACHI Digitally signed by
SABYASACHI GHOSH
GHOSH Date: 2024.02.08 17:33:09
+05'30'
