HIGH COURT OF TRIPURA AGARTALA RFA 10 OF 2022 1. Shri Tamal Krishna Banik, S/o Shri Nepal Krishna Banik, resident of Thana Pukur Par, Udaipur, P.O. & P.S. R.K.Pur, District-Gomati Tripura. 2. Smt. Subrata Saha (Sinha), W/o Shri Shyamal Saha, resident of Krishnanagar, Agartala, P.O.Agartala, P.S. West Agartala, District-West Tripura. ...Plaintiff-Appellants. Vrs. Sri Dulal Nath Bhowmik, S/o Late Srimanta Kumar Bhowmik, resident of Paschim Noabadi, Agartala, P.S. Bodhjungnagar, District-West Tripura. ….Defendant-Respondent. For the appellants : Mr. Saktimoy Chakraborty, Sr. Advocate. Ms. Mampi Chakraborty, Advocate. For the respondents : Mr. Debalay Bhattacharya, Sr. Advocate. Mr. Samar Das, Advocate. Mr. Kushal Deb, Advocate. HON’BLE JUSTICE DR.T. AMARNATH GOUD HON’BLE MR.JUSTICE S. DATTA PURKAYASTHA O R D E R 25.02.2026 Heard learned senior counsel Mr. S.M.Chakraborty assisted by Ms. M. Chakraborty, learned counsel appearing for the appellants as well as Mr. D. Bhattacharya, learned senior counsel assisted by Mr. S. Das, learned counsel appearing for the respondent. 2. At the midst of hearing, learned senior counsel, Mr. Chakraborty appearing for the appellants seeks permission to withdraw the appeal with liberty to avail remedy under law before the appropriate forum. 2 3. This Court considered the case of the appellants under Section 5 and 14 of the Limitation Act on the point of limitation since the matter is pending all through. It cannot be said that there is a delay in availing the remedy. The appellants herein shall take steps as per law with the appropriate Court for seeking appropriate relief by filing appropriate suit. It is made clear that the appellants shall approach before the concerned Court of law within two months from today. 4. With the above observation, the appeal stands dismissed as withdrawn. 5. As a sequel, the original money suit i.e. M.S. 35 of 2026 also stands withdrawn. The appellants shall also take steps with the trial Court for withdrawing all the relevant documents filed in that suit. S.DATTA PURKAYASTHA, J DR.T. AMARNATH GOUD, J sanjay SANJAY GHOSH Digitally signed by SANJAY GHOSH Date: 2026.02.27 17:34:19 +05'30'