Dismissed

Sri Bijoy Kumar Deb v. Smt. Prabhashini Namsudra and Ors.

Tripura HC23 Aug 2021CRP/53/2021

Case brief

AI extract

What is this about?

This single-judge order disposed of a writ petition under Article 227. The petitioner, a decree holder, challenged the dismissal of an execution petition where the executing court refused to correct a land description discrepancy. The court rejected the correction claim but noted a subsequent execution could be filed if the description is legally modified.

What did the court decide?

The petition was dismissed; no order as to costs.

Sri Bijoy Kumar Deb Vs Smt. Prabhashini Namsudra… — Execution and Attachment | Tripura HC (2021)

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HIGH COURT OF TRIPURA AGARTALA

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CRP No.53 of 2021

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For Appellant (s) : Mr. D.C. Roy, Adv. For Respondent(s) : None

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HON’BLE MR. JUSTICE S. TALAPATRA

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Order

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23.08.2021

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Heard Mr. D.C. Roy, learned counsel appearing for the petitioner.

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This is a petition filed under Article 227 of the Constitution of India for exercising the power of superintendence against the order dated 13.04.2018

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passed by the executing court in the execution proceeding being case No.Ex.(T) 01 of 2011.

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The petitioner herein is the decree holder in Title Suit No.27 of 1981 which was filed by the petitioner for declaration of right, title, interest and recovery of possession by evicting the defendants, the respondents herein, from

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the suit land. The trial court dismissed the suit by the judgment dated 07.11.1987 against which the title appeal was preferred before the District Judge, West Tripura, Agartala being Title Appeal No.84 of 1987.

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The appellate court allowed the suit and passed the judgment and decree dated 15.11.1999 and 30.11.1999 respectively. It appears from the records that after filing of the execution case No.Ex.(T) 01 of 2011 before the executing court it came to the notice of the decree holder that there had been a change in

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the description of the suit land in the decree passed by the appellate court. As a result, a petition was filed before the executing court for correcting the

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Page 2 of 2

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description on the basis of the plaint, there was a discrepancy in the description of the suit land, by the order dated 13.04.2018 the execution petition was dismissed. At the time of dismissing the execution petition, the executing court recorded that it does not have any jurisdiction or authority to correct the description of the suit land as recorded by the appellate court.

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Mr. D.C. Roy, learned counsel appearing for the petitioner has strenuously argued before this court that the executing court ought to have corrected the description of the suit on the basis of the records. This court is not charmed or persuaded by such submission and finds no merit in such contention. Accordingly, this court is inclined to dismiss this petition and accordingly, it is ordered.

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However, before parting with the records, it is observed that by following the appropriate procedure, if the description of the suit land could be modified by the decree holder, the dismissal of the proceeding being case No.Ex.(T) 01 of 2011 will not stand in the way of filing a subsequent execution proceeding, if it is otherwise permitted by law.

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There shall be no order as to costs.

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JUDGE

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Sujay

Sri Bijoy Kumar Deb v. Smt. Prabhashini Namsudra and Ors.

Case brief

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Sri Bijoy Kumar Deb v. Smt. Prabhashini Namsudra and Ors.

Case brief

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