ARATI DEBNATH Vs. HIRAK NATH
HIGH COURT TRIPURA
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T. Amarnath Goud, J. -
(1.)The facts in brief in the instant revision petition are that the petitioner herein is the Judgment-Debtor in the decree passed in T.S.-04 of 1972, execution for which was filed in 2016, and the proceeding was registered as Ex(T)-10 of 2016. This was a decree for recovery of possession of homestead land in possession of the judgment-debtor.
(2.)The Judgment-debtor, in the meantime filed a suit for specific performance of agreement for sale by Title Suit-20/2019, and the said case is pending in the same Court where the execution case is pending. The application under Sec. 47 of the C.P.C. filed by the judgment-debtor also failed when the execution became almost certain. The judgment-debtor who is the plaintiff in the other suit apprehended recovery of possession of the same said land for which the suit for specific performance is pending in the same court, and accordingly, filed an application under Order 21 Rule 29 of the C.P.C. for a stay of execution.
(3.)It was contented by the petitioner in the stay petition that if once recovery is executed, the Specific performance Case shall fall in jeopardy. Accordingly, it was moved and after hearing the parties, the learned Court below dismissed the application by order dtd. 21/12/2021.
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