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2017 Supreme(Tri) 387

T.VAIPHEI
Mamata Malakar – Appellant
Versus
Kajal Malakar, S/o-Lt. Chitta Ranjan Malakar – Respondent


Advocates Appeared:
For the Petitioners:Mr. G.S. Bhattacharjee, Advocate

JUDGMENT & ORDER :

Aggrieved by the order dated 27-2-2016 of the learned Sub-Divisional Judicial Magistrate, Kamalpur, Unakoti District in Ambassa PS Case No. 60 of 2012 directing the police to conduct further investigation with respect to the Will allegedly forged by the petitioners, this criminal petition is filed by them to quash the complaint.

2. It is the case of the petitioners that the petitioner No. 1 had instituted Title Suit No. 27 of 2008 before the learned Civil Judge, Senior Division, North Tripura, Kailashahar against the respondent No. 1 and another for declaration of tile to and confirmation of her possession over the suit land on the basis of the Will executed by her brother-in-law, the late Chittranjan Malakar @ Chhita Malakar (brother of her husband) on 30-5-2005. After the trial of the suit, the learned Civil Judge by the judgment and decree dated 20-3-2010 held that the Will is genuine and partly decreed the suit. Both the petitioners and the respondent No. 2 preferred separate appeals from the said judgment i.e. Title Appeal No. 7 of 2010 and Title Appeal No. 8 of 2010 respectively. The learned District Judge, North Tripura, Kailasahar by a common judgment dated








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