Barun Boro v. Bhadai Boro and 5 Ors

O R D E R

22.03.2024 This is an application under Article 227 of the Constitution challenging the order dated 20.01.2024 passed in Misc. Appeal No.34/2023 whereby the learned First Appellate Court affirmed the order dated 23.09.2022 passed by the learned Munsiff No.2 in Misc.(J) Case No.73/2022 arising out of Title Suit No.93/2022.

¶2This Court has duly perused the plaint of the suit which has been filed and it reveals that the claim made by the plaintiffs who are respondents herein is for declaration of their right, title and interest on the basis of the adverse possession as well as also seeking permanent injunction that the petitioner herein who is the defendant in the suit should not disturb the possession of the plaintiff. The learned Trial Court vide the order dated 23.09.2022 in Misc.(J) Case No.73/2022 had restrained the petitioner herein from disturbing the possession of the plaintiffs over the suit premises in any manner till the disposal of the said suit.

¶3The learned counsel for the petitioner submits that the petitioner has also filed a counter claim for eviction of the plaintiffs. He, however, Page No.# 3/3 submits that the petitioner is not insisting for the purpose of changing the status quo as regards the possession, but the petitioner seeks an order to the effect that during the pendency of the suit, the nature and character of the suit land should not be changed.

¶4This Court is of the opinion that the order which the petitioner herein is asking for has to be based on an injunction application filed by the petitioner before the Trial Court and not in a proceedings under Article 227 of the Constitution challenging the order of granting injunction in favour of the plaintiffs.

¶5Consequently, this Court further upon perusal of the impugned order is not inclined to exercise the jurisdiction under Article 227 of the Constitution. However, this Court grants the liberty to the petitioner herein who is the defendant/counter claimant in the suit to file an appropriate application seeking injunction against the plaintiffs restraining the plaintiff from changing the nature and character of the suit land during the pendency of the suit. In the circumstance, such application is filed, the learned Trial Court shall duly consider the same in accordance with law.

¶6In view of the above, the instant petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010059722024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCRP(IO)/109/2024o BARUNoBOROo S/O-oLATEoDUKHIoBORO,o R/O-oVILL-oSILACHAPORI,oIMPUR,o P.O-oDURUNGoPAHAR,oP.S-oKHETRI,oDIST-oKAMRUPo(M),oASSAM,oPIN-782403 VERSUSo BHADAIoBOROoANDo5oORSo D/O-oLATEoRANESWARoBOROo@BANESWARoBORO 2:RAGHUNIoBORO oD/O-oLATEoRANESWARoBOROo@BANESWARoBORO 3:PURNIMAoBORO oD/O-oLATEoRANESWARoBOROo@BANESWARoBORO 4:URMILAoBORO oD/O-oLATEoRANESWARoBOROo@BANESWARoBORO 5:BHARAToBORO oD/O-oLATEoRANESWARoBOROo@BANESWARoBORO 6:RONGFULIoBORO oRESPONDENToNOo1oTOo5oAREoTHEoD/O-oLATEoRANESWARoBOROo @BANESWARoBOROoANDoRESPONDENToNOo6oISoTHEoWIFEoOFoLATEo RANESWARoBOROo@BANESWARoBORO.o o ALLoAREoR/O-oVILLAGEoMURKATA o P.O-oDURUNGoPAHAR o P.S-oKHETRI Page No.# 2/3 DIST- KAMRUP (M) ASSAM PIN-78240 For the appellant(s) : Mr. B. Phukan, Advocate For the respondent (s) : None appears BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH