Smt. Kanan Bala Biswas & Another vs Sri Uttam Chanda & Another
2024 Latest Caselaw 351 Tri

Tripura High Court

Smt. Kanan Bala Biswas & Another vs Sri Uttam Chanda & Another on 1 March, 2024

                                    Page 1 of 2




                        HIGH COURT OF TRIPURA
                              AGARTALA
                               CRP No.13 of 2024
Smt. Kanan Bala Biswas & another
                                                                .........Petitioner(s);
                                       Versus
Sri Uttam Chanda & another
                                                              .........Respondent(s)

For Petitioner(s) : Mrs. S. Deb (Gupta), Advocate, Ms. Rumpa Dey, Advocate.

For Respondent(s) : Mr. P. Saha, Advocate, Mr. Samar Das, Advocate.

HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH

Order 01/03/2024

The petitioners, who are purchasers of certain suit land from the

decree holder in Title Suit No.63/2011 have approached the learned Executing

Court of Civil Judge (Junior Division), Court No.2, Agartala in Civil Misc.

No.12/2021 on an application under Section 47 read with Section 151 of the

Code of Civil Procedure in connection with the application under Order XXI of

the CPC filed by the decree holder for execution of the judgment and decree

dated 20.11.2012/24.11.2012 passed in the said title suit for restraining the

decree holder and judgment debtor not to disturb the peaceful possession of the

petitioners and directing the Bailiff not to execute the said judgment and

decree. The application has been rejected by the impugned order dated

13.12.2023 by the learned Executing Court of Civil Judge (Junior Division),

Court No.2, Agartala, West Tripura.

However after some arguments, Mrs. S. Deb (Gupta), learned

counsel for the petitioners, does not seek to press the instant petition in order to

pursue the restoration application of the application made under Order XXI

Rule 97, 98 and 101 read with Section 151 of the CPC.

Mr. P. Saha, learned counsel for the respondents, is present and

does not have any objection if the petitioners do not press the present

application.

In that view of the matter, the instant petition is dismissed as not

pressed.

Pending application(s), if any, shall stand disposed of.

(APARESH KUMAR SINGH), CJ

MUNNA SAHA Digitally signed by MUNNA SAHA Date: 2024.03.02 13:26:02 +05'30'

Pijush/