In partition suits involving adverse possession, procedural adherence is critical; issues of tenancy must be resolved before partition can occur, and failure to provide proper notice invalidates claims.

JUDGMENT

1. Heard Mr. Somik Deb, learned senior counsel appearing for the petitioners. Also heard Mr. Ratan Datta, learned counsel appearing for the respondents.

2. These petitions are consolidated for disposal by a common order inasmuch as the controversy is structured on facts which resemble. By means of filing these petitions under Sectin-115 of the CPC read with Article-227 of the Constitution of India, the petitioners have urged for correcting the jurisdictional error committed by the learned Civil Judge, Sr. Division, Gomati Tripura, Udaipur, while deciding the case No. Civil Misc No.18 of 2021 and setting aside the impugned order dated 16.03.2022 passed by the learned Civil Judge, Sr. Division, Gomati Tripura, Udaipur in Case No.Civil Misc.18 of 2021. Also for examining the legality, propriety & correctness of the impugned order dated 16.03.2022 passed in Civil Misc. No.18 of 2021 also to quash the impugned order dated 16.03.2021 passed by the learned Civil Judge, Sr. Division, Gomati Tripura, Udaipur in Case No.18 of 2021.

3. In case No. CRP. No.24 of 2022 the petitioner has prayed for the following reliefs:

(i) Issue rule, calling upon the respondents and each one of them, to show cause as to why the impugned order dated 16.03.2022 (Annexure-6 supra), passed by the learned Civil Judge (Senior Division), Gomati Tripura, Udaipur, in case No. Civil Misc.18 of 2021, shall not be quashed/set aside for rendering substantive and conscionable justice to the petitioners;

(ii) Call for the records appertaining to this petition;

(iii) After hearing the parties, be pleased to make the rule absolute in terms of i & ii above;

(iv) Costs of and incidental to this proceeding;'

4. In case No. CRP. No.25 of 2022 the petitioners have prayed for the following reliefs:

'(i) Issue notice, calling upon the respondents and each one of them, to show cause as to why the impugned order dated 16.03.2022 (Annexure-7 supra), passed by the learned Civil Judge (Senior Division), Gomati Tripura, Udaipur in case No.Civil Misc. 18 of 2021, shall not be quashed/set aside for rendering substantive and conscionable justice to the petitioners;

(ii) Issue notice, calling upon the respondents and each one of them, to show cause as to why the operation of the impugned order dated 16.03.2022 (Annexure-7 supra), passed by the learned Civil Judge (Senior Division), Gomati Tripura, Udaipur in case No.Civil Misc. 18 of 2021, as well as the further adjudication/trial of TS(P) No.04 of 2017 shall not be stayed, till the final disposal of this civil revision petition.

(iii) In the Ad-interim, and thereafter, on hearing the parties, in the Interim, an order, in terms of relief (ii) supra;

(iv) Call for the records appertaining to this petition;

(v) After hearing the parties, be pleased to make the Rule absolute in terms of i to iii above.'

5. In gist, the case of the petitioner as it appears from the copy of the judgment of learned trial Court is that, the respondent Nos.1 and 2 instituted a partition suit, in the Court of learned Civil Judge, Sr. Division, Udaipur, Gomati Judicial District, Tripura against the petitioners and pro- forma respondent. After filing of the suit, summons were duly served upon the petitioners and the pro-f