Sri Pradip Kumar Deb and Ors v. Smti. Kiran Bala Debnath and Ors

Judgment & Order : 05/02/2024 Whether fit for reporting :

HON'BLE MR. JUSTICE T. AMARNATH GOUD J U D G M E N T & O R D E R (Oral )

This present Civil Revision Petition has been filed under Article 227 of the Constitution of India for reversing/setting aside/modifying the order dated 06.11.2019 passed by the learned Civil Judge (Senior Division), Court No.1, West Tripura, Agartala in Misc. (Ex.) 18 of 2017 arising out of Ex.(T) 11 of 2017 disposing the case in view of the order dated 06.11.2019 allowing Misc.(Ex) 05 of 2018.

2.

The brief fact of the case is that predecessor of the petitioners filed Title Suit No. 03 of 2002 which was decreed by Learned Trial Court and appeal was preferred by some of the respondents which was partly allowed and RSA No. 91 of 2011 arose which was decided in favour of the petitioners who were substituted on the death of their predecessor and the petitioners filed Ex(T) 11 of 2017 for execution of decree and the respondents separately filed objection and application etc. which were registered as Misc. (Ex) 05 of 2018, Misc. (Ex) 18 of 2017, Misc. (Ex) 19 of 2017 and Misc. (Ex) 20 of 2017. Learned

Executing Court passed order dated 06.11.2019 in Misc.(Ex) 05 of 2018 holding that the decree in question was not executable and in view of such order, all other Misc.(Execution) cases were disposed of and the main Ex(T) 11 of 2017 was dismissed and therefore, the petitioners have come up with the instant application under Article 227 of the Constitution of India against order dated

06.11.2019 passed by Learned Executing Court below in Misc. (Ex) 18 of 2017 .

3.

Heard Mr. P. K Dhar, learned senior counsel assisted by Mr. R. Debnath, learned counsel appearing for the petitioners. Also heard Mrs. P. Dhar, learned counsel and Mr. John Debbarma, learned counsel appearing for their respective respondents. Mr. S. Bhattacharjee, learned counsel is also present on behalf of respective respondents in the present revision petition and perused the evidence on record.

4.

After considering the objections of both sides, this Court is of the opinion that the present matter needs a fresh consideration. As such, in terms of the objection raised by both the parties, this present matter is remanded back to the Court below for passing detailed and speaking order considering the objection of both sides. Both parties are at liberty to take appropriate steps before the Court below. Accordingly, the impugned order dated 06.11.2019 is set aside and remanded back to Court below for adjudication in the terms of the above directions.

5.

With the above observation and direction, this present CRP stands disposed of. Stay if any stands vacated. Pending application(s), if any also stands closed.

JUDGE

Paritosh SABYASACHI GHOSH Date: 2024.02.08 17:33:09 +05'30'

HIGH COURT OF TRIPURA AGARTALA CRP No. 43 of 2021 Sri Pradip Kr. Deb & Ors. Petitioner(s) Versus Smt. Kiran Bala Debnath & Ors. Respondent(s) For Petitioner(s) : Mr. P. K Dhar, Senior Advocate. Mr. R. Debnath, Advocate For Respondent(s) : Mrs. P. Dhar, Advocate. Mr. S. Bhattacharjee, Advocate Mr. John Debbarma, Advocate Date of hearing : 05.02.2024. Date of delivery of