HIGH COURT OF TRIPURA AGARTALA CRP No.8 9 of 2025

1. Smt. Chhabi Podder, Wife of Sri Binoy Krishna Podder, resident of village- Math Chowmuhani, College Road, P.O.-Agartala, P.S.-East Agartala, Sub-

Division-Agartala, District-West Tripura, Pin-799007, aged about-78 years.

2. Shri Binoy Krishna Podder, Son of Late Satish Chandra Podder, resident of village-Math Chowmuhani, College Road, P.O.-Agartala, P.S.-East Agartala, Sub-Division-Agartala, District-West Tripura, Pin-799007, aged about-83 years.

……… Judgment Debtor-Petitioner(s).

V E R S U S Sri Krishna Podder, Son of Late Satish Chandra Podder, resident of Banshpara Colony, P.O. & P.S. & Sub-Division-Belonia, District-South Tripura, Presently residing at Math Chowmuhani, College Road, P.O.-Agartala, P.S.-

East Agartala, Sub-Division-Agartala, District-West Tripura, Pin-799007.

……… Decree Holder-Respondent(s).

For Petitioner(s) : Mr. Somik Deb, Sr. Advocate, Mr. J. Samad, Advocate.

For Respondent(s) : None.

HON’BLE THE CHIEF JUSTICE MR. M.S. RAMACHANDRA RAO CAV reserved on : 05.01.2026 Judgment delivered on : 20.01.2026.

Whether fit for reporting : YES JUDGMENT & ORDER Heard Mr. Somik Deb, learned senior counsel assisted by Mr. J.

Samad, counsel appearing for the petitioners.

2. This revision is filed under Section 115 of the Code of Civil Procedure, 1908 (CPC, for short) challenging order dt.19.11.2025 of the Civil Judge, Senior Division, Court No.1, West Tripura, Agartala in case No.Civil Misc.(J) 118 of 2021 arising out of Ex(T) No.10 of 2020.

The background facts:

3. The petitioners are the judgment debtors in T.S. No.43 of 2002 out of which the said Execution Application arises.

4. The respondent had filed the said suit against the petitioners and Deputy Collector, Sadar Revenue Circle, Office of the SDO, Sadar, Agartala, West Tripura for declaration of his right, title and interest in the suit schedule property, and for recovery of possession thereof from the petitioners. He also sought a declaration that the recording of the possession of the first petitioner as adverse possessor by the Deputy Collector was wrong, illegal and was liable to be set aside.

5. After contest, the suit was decreed and the title of the respondent over the suit schedule land was accepted and he was held entitled to get possession of the suit schedule land from the petitioners by evicting them and the entry made in the Khatian (Exhibit-3) at Column-23 showing the first petitioner as adverse possessor was declared illegal and void.

6. The petitioners had challenged the said judgment and decree in Title Appeal No.50 of 2005 before the Additional District Judge, Court No.2, West Tripura, Agartala, but the same was also dismissed on 22.05.2009.

7. They then preferred a Second Appeal being RSA No.25 of 2009 before this Court which was also dismissed on 14.10.2015.

Ex(T) No.10 of 2020:

8. The respondent then filed Execution Petition being Ex(T) No.10 of 2020 before the Civil Judge, Senior Division, Court No.1, West Tripura, Agartala for recovery of possession of the suit schedule property.

Civil Misc.(J) 118 of 2021:

9. The petitioners filed an application Civil Misc.(J) 118 of 2021 under Section 47 of CPC objecting to the execution process initiated by the respondent.

10. On 09.08.2024, the Executing Court dismissed the application under Section 47 filed by the petitioners.

CRP No.90 of 2024:

11. This was challenged by the petitioners in CRP No.90 of 2024.

12. On 27.09.2024, the said CRP was allowed, and the matter was remitted back to the Executing Court for fresh consideration of the issues raised by the petitioners in their objection under Section 47 of CPC, to consider the report of the Tehsildar and Amin and the orders dt.09.08.2024 and 12.08.2024 passed by the Executing Court were set aside.

The order dt.7.12.2024 of the Executing Court after remand:

13. Thereafter, the Executing Court passed a fresh order on

07.12.2024.

14. In this order, the Executing Court held against the respondent and observed that the respondent ha