Sri Birendra Debbarma vs Sri Paresh Debbarma
2024 Latest Caselaw 1261 Tri

Tripura High Court

Sri Birendra Debbarma vs Sri Paresh Debbarma on 25 July, 2024

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                      HIGH COURT OF TRIPURA
                        _A_G_A_R_T_A_L_A_
                          SAO No.03 of 2024

Sri Birendra Debbarma
                                                         ...... Appellant(s)
                             VERSUS

Sri Paresh Debbarma
                                                        ...... Respondent(s)

For Appellant(s) : Mr. Sankar Lodh, Advocate.

For Respondent(s) : None.

HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH =O=R=D=E=R=

25/07/2024 Appellant is the plaintiff in Title Suit No.21 of 2013. Defendant

being aggrieved by the judgment and decree dated 09.03.2018 & 14.03.2018

passed by the learned trial Court had preferred the Title Appeal No.14 of

2018 which has been decided by the impugned judgment.

Mr. Sankar Lodh, learned counsel for the appellant submits that

the impugned judgment and decree passed by the first Appellate Court dated

21.02.2024 by which the matter has been remanded to the Trial Court is in

the nature of a retrial and not determination on findings of the learned trial

Court on issues decided by it. The impugned judgment would come under

Order XLI, Rule 23 or 23A which is amenable to challenge under Order

XLIII, Rule 1(u). Therefore, appellant has chosen to prefer this second

appeal against orders instead of a regular second appeal under Section 100

of CPC. Learned counsel for the appellant submits that the matter has been

remanded by the learned Appellate Court for retrial by giving adequate

opportunity to the defendant and also to the plaintiff to produce evidence. As

such, it is not a determination on the findings recorded on the issues framed

by the learned trial Court.

Issue notice upon the respondent under ordinary process and

speed post for which requisites be filed within 7(seven) days.

Notice is made returnable on 29th August, 2024.

In the meantime, further proceedings in T.S. No.21 of 2013

pending on remand before the learned Court of Civil Judge (Jr. Division),

Court No.1, Khowai, shall remain stayed.

                                                        (APARESH KUMAR SINGH) CJ




DIPESH DEB        Digitally signed by DIPESH DEB
                  Date: 2024.07.26 18:29:07 +05'30'