Dipti Medhi and 2 Ors v. Bhagen Medhi and 21 Ors

ORDER

22.03.2024

The instant appeal is directed against the order dated 25.01.2024 passed by the Court of the learned Civil Judge No.3 Kamrup (M) at Guwahati, whereby the learned Trial Court did not grant an ex-parte ad interim injunction and rather issued notice. It has been brought to the attention of this Court that in the said Page No.# 5/6 suit, the parties have duly appeared. It has also been mentioned by the learned counsels for both the parties, who are present before this Court that the learned Trial Court has fixed the said injunction proceedings along with the suit on

28.05.2024.

¶2This Court vide order dated 07.03.2024 had granted a limited injunction to the effect that the defendants shall not alienate the suit property. It was also made clear by this Court that the said injunction order is only limited to alienation by the defendants and nothing further.

¶3This Court further finds it very relevant to take note of that the injunction proceedings are pending before the learned Trial Court and all the parties are duly represented. Under such circumstances, to continue a parallel proceeding before this Court would not be in the interest of justice.

¶4This Court is also mindful of the fact that an injunction order is operating against the respondents herein, who are the defendants, in view of the order passed by this Court on 07.03.2024. Accordingly, though the learned Trial Court had fixed the injunction proceedings on 28.05.2024, this Court directs the learned Trial Court to prepone the said injunction proceedings being Misc.(J) Case No.70/2024 to 08.04.2024.

¶5The injunction order which was passed by this Court on 07.03.2024 shall continue till the disposal of the said injunction proceedings being Misc.(J)Case No.70/2024.

¶6This Court requests the learned Trial Court to dispose of the said injunction proceedings at the earliest and preferably, within 30 (thirty) from the date so fixed before the Trial Court. This Court observes that the learned Trial Court shall decide the injunction application without being influenced by the fact that Page No.# 6/6 this Court passed the order dated 07.03.2024.

¶7The parties who are duly represented before this Court are directed to appear before the learned Trial Court on 08.04.2024 and produce a certified copy of the instant order. The defendants who are respondents herein would at liberty to file their objections on or before 08.04.2024.

¶8With the above, the instant appeal stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010043252024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oFAO/16/2024o DIPTIoMEDHIoANDo2oORSo W/OoLATEoDHARMARAMoMEDHIo RESIDENToOFoVILLAGEoKAMALAJARI,oPOoKAMALAJARI,oDISToKAMRUPoM ASSAMo782402 2:oMR.oRINTUoMEDHI oS/OoLATEoDHARMARAMoMEDHIo 3:oJYOTISMITAoMEDHI oD/OoLATEoDHARMARAMoMEDHIo oDISToKAMRUPoMoASSAMo78240o VERSUSo BHAGENoMEDHIoANDo21oORSo S/OoLATEoANANTAoMEDHI,o RESIDENToOFoVILLAGEoKAMALAJARI,oPOoKAMALAJARI,oDISToKAMRUPoM ASSAMo782402 2:KAMALAoMEDHI oS/OoLATEoANANTAoMEDHI o 3:AMIYAoKUMARoMEDHI oS/OoLATEoKARUNAoKANTAoMEDHI.o PageoNo.#o2/6 4:APURBAoMEDHI oS/OoLATEoKARUNAoKANTAoMEDHI.o 5:RAJIBoMEDHI oS/OoLATEoKARUNAoKANTAoMEDHI.o 6:BHABANIoMOHANoMEDHI oS/OoLATEoKARUNAoKANTAoMEDHI.o 7:LABANYAoMEDHI oD/OoLATEoKARUNAoKANTAoMEDHI.o 8:ARCHANAoMEDHI oD/OoLATEoKARUNAoKANTAoMEDHI.o 9:BHUMIDHARoMEDHI oS/OoLATEoMAHIMAoMEDHI o 10:BHUMIDHARoMEDHI oS/OoLATEoMAHIMAoMEDHIo 11:KANTHAoMEDHI oS/OoLATEoMAHIMAoMEDHI.o PageoNo.#o3/6 12:PRAMESWARoMEDHI oS/OoLATEoMAHIMAoMEDHI.o 13:PRABINoDEKA oS/OoLATEoKUMOIoDEKAo RESIDENToOFoVILLAGEoJUGUBARI 14:NAGENoDEKA oS/OoLATEoKUMOIoDEKAo RESIDENToOFoVILLAGEoJUGUBARI 15:BIRENoDEKA oS/OoLATEoKUMOIoDEKAo RESIDENToOFoVILLAGEoJUGUBARI 16:MAHENoDEKA oS/OoLATEoKUMOIoDEKAo RESIDENToOFoVILLAGEoJUGUBARI 17:GIRISHoDEKA oS/OoLATEoKUNTIoDEKAo RESIDENToOFoVILLAGEoJUGUBARI 18:SHISHURAMoDEKA oS/OoLATEoKUNTIoDEKAo RESIDENToOFoVILLAGEoJUGUBARI 19:MAKANIoDEKA oD/OoLATEoKUNTIoDEKAo Page No.# 4/6 RESIDENT OF VILLAGE JUGUBARI PO KAMALAJARI DIST KAMRUP M ASSAM 782402 20:DEEPIKA DEKA D/O LATE KUNTI DEKA RESIDENT OF VILLAGE JUGUBARI PO KAMALAJARI DIST KAMRUP M ASSAM 782402 21:SUNUKA DEKA D/O LATE KUNTI DEKA RESIDENT OF VILLAGE JUGUBARI PO KAMALAJARI DIST KAMRUP M ASSAM 782402 22:HARESWARI DEKA D/O LATE GHANA KANTA MEDHI RESIDENT OF VILLAGE MANAHA PO MANAHA DIST MORIGAON ASSAM 78241 Advocate for the Petitioner : MR. S CHAMARIA Advocate for the Respondent : MR. ANANTA RAM MEDHI (r-1 to 7,8,9,10,12 to 22) BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH