Shri Krishna Podder vs Smt. Chhabi Podder Alias Chhabi Bala ...
2025 Latest Caselaw 743 Tri

Tripura High Court

Shri Krishna Podder vs Smt. Chhabi Podder Alias Chhabi Bala ... on 21 May, 2025

                                   Page 1 of 2




                        HIGH COURT OF TRIPURA
                              AGARTALA
                                CRP No.19/2025
Shri Krishna Podder
                                                             ......... Petitioner(s).
                                VERSUS
Smt. Chhabi Podder alias Chhabi Bala Podder & another
                                                           ......... Respondent(s).

For Petitioner(s) : Mr. Ashutosh De, Advocate.

For Respondent(s) : Mr. Somik Deb, Sr. Advocate, Mr. Panna Lal Debbarma, Advocate.

HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH

Order 21/05/2025

Mr. Ashutosh De, learned counsel for the petitioner/decree holder,

submits that the learned Executing Court of Civil Judge (Sr. Division), Court

No.1, West Tripura, Agartala has by the impugned order dated 07.12.2024

passed in CM(J) No.118 of 2021 arising out of Ex(T) No.10 of 2020 held that

the decree is inexecutable as there is a difference between the description of the

schedule of the suit land in the decree and the schedule in the execution

petition. It is submitted that earlier the judgment debtors had approached this

Court in CRP No.90 of 2024 against the rejection of his objection under

Section 47 of the Code of Civil Procedure (CPC, for short) in respect of the

same execution case vide orders dated 09.08.2024 and 12.08.2024. This Court

had allowed the revision petition and remitted the matter to the Executing

Court to decide the objection once again. Thereafter, the objection preferred by

the judgment debtors under Section 47 of the CPC has been sustained and the

execution petition has been dismissed.

Mr. Somik Deb, learned senior counsel assisted by Mr. Panna Lal

Debbarma, learned counsel appears for the judgment debtors. He seeks and is

allowed 4(four) weeks' time to file counter affidavit.

In the meantime, call for the Xerox copy of the lower Court

records in connection with CM(J) No.118 of 2021 arising out of Ex(T) No.10

of 2020 from the Court of learned Civil Judge (Sr. Division), Court No.1,

West Tripura, Agartala.

List the matter after 4(four) weeks.

                                                    (APARESH KUMAR SINGH), CJ




Pulak


PULAK BANIK          Digitally signed by PULAK BANIK
                     Date: 2025.05.22 16:03:48 +05'30'