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2016 Supreme(Tri) 185

T.VAIPHEI
Banibrata Roy Barman S/o Sri Santi Bhusan Roy Barman – Appellant
Versus
Binoy Bhusan Das S/o Lt. Barada Prasad Das – Respondent


Advocates Appeared:
For the Petitioner: Mr. K.N. Bhattacharji, Mr. Kohinoor N. Bhattacharji
For the Respondents: Mr. D.K. Biswas, Mr. G.K. Nama

JUDGMENT :

Heard Mr. K.N. Bhattacharji, the learned senior counsel assisted by Mr. Kohinoor N. Bhattacharji, the learned counsel for the petitioner and also heard Mr. G.K. Nama, the learned counsel for the respondents.

2. In this revision petition, the petitioner is questioning the legality of the order dated 17.03.2016 passed by the learned Civil Judge (Junior Division), Dharmanagar, North Tripura in T.S No.58/2009 rejecting his application seeking police assistance during the removal by him of stone dust from the suit land; he was also warned not to file such merit-less applications before his Court in future without understanding the question of law involved so that the precious judicial time could be saved.

3. The petitioner instituted title suit before the trial court seeking a declaration that he is the lessee under the defendant-respondents and is entitled to retain the possession of the suit land till 27.09.2008 and for issuing a mandatory injunction directing the respondents to execute the lease deed in his favor as was written on 14.07.2008. After filing of the suit, he filed an application under Order XXXIX, Rule 1 & 2 of the Code of Civil Procedure for issuing an ad-interi












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