Shri Sunil Kumar Bhowmik vs Sri Alok Bhowmik & Others
2025 Latest Caselaw 385 Tri

Tripura High Court

Shri Sunil Kumar Bhowmik vs Sri Alok Bhowmik & Others on 22 January, 2025

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                        HIGH COURT OF TRIPURA
                              AGARTALA
                               CRP No.05 of 2025
Shri Sunil Kumar Bhowmik
                                                               .........Petitioner(s);
                                      Versus
Sri Alok Bhowmik & others
                                                          .........Respondent(s).

For Petitioner(s) : Mr. S.M. Chakraborty, Sr. Advocate, Mr. R.R. Datta, Advocate, Ms. M. Chakraborty, Advocate.

For Respondent(s) : None.

HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH

Order 22/01/2025

Mr. S.M. Chakraborty, learned senior counsel for the petitioner,

submits that the execution case being Ex(T) 06 of 2017 has been filed by the

plaintiff for execution of the decree dated 02.12.2009 passed in Title Suit 03 of

2008. It is submitted that a petition under Section 47 of the CPC was filed on

06.01.2025. However by the impugned order dated 08.01.2025, the learned

Executing Court has issued direction upon the judgment debtor/petitioner to

remove all obstructions from the suit land and file an affidavit to that effect. It

is submitted that the learned Executing Court has also gone further to issue

direction upon the Senior Manager, Electrical Sub-Division, Belonia to

disconnect the electricity lines to the premises of the petitioner. The learned

Executing Court has, in the meanwhile, observed that as per the survey report

the judgment debtor has not only caused obstruction to the bailiff, but also

created permanent structures over the decretal land and in that way, caused

resistance to the execution of the decree. However, learned senior counsel for

the petitioner submits that without disposing of the application under Section

47 of the CPC, the learned Executing Court has gone on to issue directions

upon the petitioner to remove all permanent constructions from the land in

question in a manner which is wholly without jurisdiction. The direction issued

upon the Electricity Department is also beyond the scope of the execution case.

Therefore, petitioner has approached this Court.

Issue notice on the respondents under ordinary process and Speed

Post for which requisites be filed within one week.

Notice is made returnable on 19.02.2025.

In the meantime, the impugned order dated 08.01.2025 shall

remain stayed.

(APARESH KUMAR SINGH), CJ

Pijush/

DIPESH DEB Date: 2025.01.24 16:31:52