CHITTA CHAKRABORTY Vs. NAMITA CHAKRABORTY

JUDGEMENT

(1.) Caveat No.460 of 2025 Mr. Saktimoy Chakraborty, learned senior counsel assisted by Ms. Pinki Chakraborty, learned counsel appears on caveat for the decree holder. The caveat is discharged. CRP No.29 of 2025 Heard Mr. Deba Ranjan Chowdhury, learned counsel appearing for the petitioner and Mr. Saktimoy Chakraborty, learned senior counsel assisted by Ms. Pinki Chakraborty, learned counsel appearing for the respondents.

(2.) The judgment debtor filed an objection under Sec. 47 of the CPC bearing Civil Misc.(J) No.12/2024 in EX(T) No.08/2020 in respect of execution of the decree dtd. 25/7/2019 passed in TS No.106 of 2017. The same has been rejected by the impugned order dtd. 11/4/2025 passed by the executing Court of learned Civil Judge (Sr. Div), Court No.2, West Tripura, Agartala. Mr. Deba Ranjan Chowdhury, learned counsel for the petitioner submits that petitioner-judgment debtor does not have any objection to the execution of the decree. However, he is only concerned that in the process of execution of the decree, the joint pathway which is within the schedule- A & B of the suit land be not affected causing restraint on using the pathway by the judgment debtor.

(3.) Mr. Saktimoy Chakraborty, learned senior counsel for the respondents-decree holder has referred to the stand of the decree holder reflected in the impugned order and again submitted that the decree holder has time and again assured that he is not going to disturb any of his brothers which includes the judgment debtor in due enjoyment of the said path. Therefore, there is no reason for the judgment debtor to feel insecure. Otherwise, the execution petition is strictly in accordance with law and seeks to execute that part of the judgment and decree whereby the recovery of possession of the suit land has been ordered. Learned counsel for the petitioner in reply submits that if this assurance is reiterated the judgment debtor would be satisfied.