MADAN MOHAN DEBBARMA Vs. GITA DEBBARMA

JUDGEMENT

(1.) This petition is directed against the order dated 16th September, 2014 passed by the Civil Judge Jr. Division, Court No.1, West Tripura, Agartala in Title Execution Case No.11 of 2014 whereby he held that the execution petition on behalf of the defendants in the suit was maintainable because according to him there was a decree in favour of the defendants.

(2.) Briefly stated the facts of the case are that the petitioners, hereinafter referred to as the plaintiffs filed a suit being Title Suit No.65 of 2010 in the Court of the Civil Judge, Jr. Division, Court No.1, Agartala. In this suit, the plaintiffs claim various reliefs which are as follows:

(3.) That suit was contested by the defendants and in that suit the defence taken was that the suit path and the pucca drains on both sides were built by the Agartala Municipal Corporation in 1996-1997. It was stated that the electric pillars and lights had been fitted on the side of the path and this path is being used by the defendants.