Unknown vs For Appellant (S) : Mr. P.K. Pal
2024 Latest Caselaw 39 Tri

Tripura High Court

Unknown vs For Appellant (S) : Mr. P.K. Pal on 16 January, 2024

                                      HIGH COURT OF TRIPURA
                                            AGARTALA
                                               RSA No.02 of 2024
    For Appellant (s)                      :        Mr. P.K. Pal, Adv.
    For Respondent(s)                      :        None

HON'BLE MR. JUSTICE S.D PURKAYASTHA Order

16.01.2024 Heard Mr. P.K. Pal, learned counsel appearing for the appellants. The sole respondent filed a suit being T.S.11 of 2019 before the court of the learned Civil Judge, Jr. Division, Dharmangar praying for perpetual injunction against the appellants. As it appears that the notice was duly issued and one Advocate also appeared for the appellants in the trial court but ultimately the appellants did not contest the suit and the suit decreed ex-parte.

The claim of the plaintiff-respondent in the suit land was that he had purchased the suit land from one Sri Umapada Paul vide registered sale deed No.1-01563 dated 16.07.2018 followed by a mutation of his name in the Khatian. In the trial court, the plaintiff-respondent examined himself and also proved his purchased deed and the mutated khatian. Based on such evidence, the trial court passed the decree of perpetual injunction against the appellants. The first appellate court also affirmed the said decree.

Mr. Pal, learned counsel earnestly submits that a scope may be given to the appellants to contest the main suit at any condition.

Admittedly, the appellants did not file any petition before the trial court under Order IX Rule 13 of the CPC for vacating the ex-parte order rather opted to challenge the decree of the trial court on merit.

On overall consideration of the matter, nothing is found for formulating any substantial question of law to challenge the correctness of the judgment of both the first appellate court as well as the trial court.

Considering thus, this second appeal is not admitted and accordingly, disposed of.

Send a copy of this order to the first appellate court and also to the trial court.

SATABDI               Digitally signed by SATABDI
                      DUTTA                                                JUDGE
DUTTA                 Date: 2024.01.17 11:05:40
                      +05'30'
    Sujay