Tripura, like most other north-eastern states, does not have a separate high court and has a bench under the Gauhati High Court.
The Union Law ministry had earlier asked for the opinion of the state government on opening the high court with three judges, when Chief Minister Manik Sarkar, who holds the law portfolio, stated that it should be opened with at least five judges.
"Unless there is five judges, a division bench could not be set up. So the chief minister said at least five judges are needed to open the high court," the sources said.
The Supreme Court is likely to take a final decision on appointing four judges and a chief justice for the proposed high court within this week, the sources said.
The lawyers in Manipur had turned down the Centre's proposal of giving five judges to open the high court in Imphal and are currently on strike for seven judges.
Population-wise Tripura is larger than Manipur and about 52,000 cases are pending in various courts, including 6,000 in the Agartala bench of Gauhati high court, and the figure is on the rise due to shortage of judges, the sources said.
The North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Bill, 2012, was passed by Parliament in May last year to pave the way for creation of High Courts in Tripura, Manipur and Meghalaya by amending the North-Eastern Areas (Reorganisation) Act, 1971.