TRIPURA HIGH COURT ISSUES ORDER ON SRI. BIPLAB DEBBARMA AND ORS. V/S SRI TAPAN CHOWDHURY

AGARTALA, India, Feb. 24 -- Tripura High Court issued the following order/judgement on Jan. 22:

1. Heard counsel for the petitioners as well as counsel for the respondent-caveator.

2. The respondent has filed a civil suit for specific performance before the Civil Court and also sought temporary injunction against the petitioners pending suit restraining them from acting upon the order dt.6.6.2023/13.6.2023 passed by the Sub-Divisional Magistrate, Jirania, West Tripura. The trial court rejected the said application for temporary injunction.

3. The respondent had filed a CMA under Or.43 Rule (1) (r ) CPC, and in that appeal, he was granted on 24.04.2025 an injunction by the said Court.

4. This is challenged in this Revision by the petitioners.

5. Admittedly, the order dt.6.6.2023/13.6.2023 is a restoration order under Section 187B of Tripura Land Revenue and Land Reforms Act, 1960 (TLR & LR Act,1960 for short) passed in favour of the petitioners on by the Sub-Divisional Magistrate, Jirania, West Tripura.

6. The remedy against such a restoration order under Section 187B is only an appeal under Section 93(1)(b) of the TLR & LR Act, 1960 to the Collector.

7. This remedy has not been availed by the respondent. So it has attained finality.

8. Though in the order passed by the Sub-Divisional Magistrate, Jirania, West Tripura, liberty was given to the respondent to file a petition before any appropriate Court of Law within 30 days if he desires, such a direction, being contrary to the statute cannot be followed by respondent to question the order of the Sub-Divisional Magistrate, Jirania, West Tripura in the Civil Court.

9. Since the respondent had not availed the remedy of appeal under Section 93 as mentioned above, and he did not obtain any order staying its execution, the said order cannot be stopped from enforcement by the District Judge, West Tripura, Agartala on the pretext that the relief of specific performance has now been sought by the respondent.

10. The execution of the lawful order of the Sub-Divisional Magistrate, Jirania, West Tripura dt.13.06.2023 under Section 187B of the Act, which has attained finality, cannot be restrained by way of a temporary injunction under Order XXXIX Rule 1 and 2 of CPC read with Order XLIII Rule 1(r) of CPC.

11. Counsel for the respondent has not been able to point out how the Civil Court could have been approached for restraining the petitioner from enforcing the order dt. 13.06.2023 passed under Section 187B of the Act by the Sub Divisional Magistrate, Jirania, West Tripura, when the said order could have been appealed to the Collector under Section 93(1)(b) of the TLR & LR Act, 1960. Therefore, the impugned order dt. 24.04.2025 in Civil Misc.(Appeal)No.02 of 2024 passed by District Judge, West Tripura, Agartala is set aside and the said appeal is dismissed.

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