AI Structured Summary
Not yet generated for this judgment
Judgment
Arindam Lodh, J
Heard Mr. D. Bhattacharjee, learned GA assisted by Mr. S. Saha, learned counsel appearing for the petitioner. Also heard Mr. H. Laskar, learned counsel appearing for the respondents.
By way of filing the present review petition, the petitioner i.e. State of Tripura has tried to resist the execution of the decree entering into the merits of the suit without any materials to review the order dated 19.04.2021 passed in WP(C) 103 of 2021.
It is found that the decree had been passed long back and it could not be executed on various unmerited pretexts since the concerned department of the state authority i.e. police department, to say more specifically, since Airport police station is occupying the decreetal land, is liable to be evicted on the basis of the decree passed in the civil suit. The respondent- decree holders had filed the above noted writ petition so that the state agency could ensure the smooth execution of the decree.
Learned GA has questioned the jurisdiction of this court to pass the order dated 19.04.2021 in WP(C) 103 of 2021.
I do not find any merit in the said submission and, accordingly, it is repelled. I also do not find any mistake or error apparent on the face of the order dated 19.04.2021 to call for the jurisdiction of this court as vested upon it under Section 114 of the CPC, 1908 read with Order 47 Rule 1 of the CPC.
Learned counsel appearing for the respondents submits that the police officials of the Airport police station are preventing the decree-holders from executing the decree.
Having considered the matter in its entirety, according to this court, the present petition for review is completely frivolous one and an attempt to frustrate the decree being the petitioner is in dominant position, and this petition is an attempt to cause a sheer wastage of court’s valuable time, and further, bearing in mind that the state agency instead of assisting the court to execute the decree is causing mischief to abuse the process of law.
Hence, I am compelled to impose a cost of Rs. 50,000/- upon the petitioner to be paid to the respondent-decree holders within a period of 7 (seven) days from today.
In view of this direction and dismissal of the review petition, the executing court shall proceed in accordance with law.
With the aforesaid direction, the instant review petition stands dismissed. Pending application(s), if any, also stands disposed.