NIRMALENDU DATTA Vs. POULAMI DATTA
HIGH COURT TRIPURA
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T.AMARNATH GOUD,J. -
(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 dtd. 16/3/2022 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 and correctness of the impugned order dtd. 16/3/2022 passed in Civil Misc. No.18 of 2021 also to quash the impugned order dtd. 16/3/2021 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 dtd. 16/3/2022 (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 and ii above;
(iv) Costs of and incidental to this proceeding;"
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