HARIDASI PAUL Vs. UMA DEB

JUDGEMENT

(1.) Heard Mr. D. Debnath, learned counsel appearing for the appellant and Mr. S. Deb, learned senior counsel assisted by Mr. Ranjit Dasgupta, learned Advocate for respondents No.1 to 7.

(2.) The instant appeal has been preferred under Sec. 104 read with Order XXI Rule 103 of CPC against the Order dtd. 27/7/2023 passed by the learned Addl. District Judge, Khowai Tripura, Khowai in case No. Civil Misc.(Appeal) 02 of 2022 arising out of Misc. Case No.45 of 2021 in Ex(T) No.25 of 2018.

(3.) The case of the appellant in brief is that the petitioner-appellant filed an application under Order XXI, Rule 97 to 101 of CPC vide case No. Civil Misc.45 of 2021 in the Court of learned Civil Judge (Senior Division), Khowai Tripura to restrain the execution proceeding bearing No. Ex(T) 25 of 2018 claiming adverse possession over 50% area of the decreetal land/premises of the decree passed by the learned Civil Judge (Senior Division), Court No.2, West Tripura, Agartala in Case No. T.S. 49 of 2016 dated, 3/4/2018 in which, the appellant was not a party. Learned Civil Judge (Senior Division), Khowai District by the judgment and order dtd. 29/9/2022 dismissed the said Civil Misc. 45 of 2022.