Kishorilal Thard and Anr v. Gobinda Karmakar and 2 Ors

ORDER Date : 22.06.2023 Heard Mr. S.Deka, the learned counsel appearing on behalf of the Petitioners.

¶2This is an application filed under Article 227 of the Constitution challenging the order dated 20/6/2023 passed by the Court of the Munsiff No. 1, Tinsukia, whereby the Petition No. 1920/2023 was filed by the Petitioners for extension of Page No.# 3/4 the ex-parte ad-interim order dated 23/12/2022 till the disposal of the injunction proceedings.

¶3It appears from the order dated 20/6/2023 that the original injunction order was passed on 23/12/2022 thereby the Respondent Nos. 1 and 2 herein, their main agents and all persons acting on their behalf were restrained from making any further construction over and in respect of the suit premises until filling of the objection by the Opposite Parties.

¶4It further appears from the record that on 29/5/2023, the Opposite Party Nos. 1 and 2/the Respondent Nos. 1 and 2 herein had filed their objections and on the said date there was no application filed seeking extension of the injunction order dated 23/12/2022. It was only on 20/6/2023 that the application was filed seeking extension of the injunction order dated 23/12/2022 till the disposal of the injunction proceedings.

¶5I have perused the order dated 20/6/2023 passed by the learned Trial Court and I am of the opinion that there is no infirmity in the said order inasumuch as when the injunction order was not inoperative post 25/5/2023, the question of extending an order which was not in existence does not arise.

¶6Mr. S. Deka, the learned counsel appearing on behalf of the Petitioners submits that taking advantage of the fact that there is no injunction order, the Respondent Nos. 1 and 2 are constructing on war footing and to that effect have drawn the attention of this Court to Annexure-8 of the Revision Application. This Court is of the opinion that the Petitioners will be well adviced to file appropriate application bringing to the notice of the learned Trial Court to the alleged constructions being carried out by the Respondent Nos. 1 and 2 and thereby seeking for a fresh injunction in view of the expiry of the injunction Page No.# 4/4 order dated 23/12/2022. This Court requests the learned Trial Court upon such application, if so filed, to consider the said aspect of the matter and pass appropriate orders as deemed fit.

¶7With the above, the petition stands dismissed subject to the observations made in Paragraph 6 hereinabove.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010140032023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCRP(IO)/191/2023o KISHORILALoTHARDoANDoANR.o SONoOFoSRIoBAIJNATHoTHARD,o RESIDENToOFoNUNIAoPATTYoFEDDERoROAD,o CONNECTINGoNAU-PUKHURIoROAD,o WARDoNO.o3,oNEARoTILOKoMARKET,o P.O.oANDoDIST.-oTINSUKIA,oASSAM. 2:oPUSHKARLALoAGARWALLA oSONoOFoSRIoKUNDANLALoAGARWALLA o RESIDENToOFoNUNIAoPATTYoFEEDERoROAD o CONNECTINGoNAU-PUKHURIoROAD o WARDoNO.o3 oNEARoTILOKoMARKET o P.O. oP.S.oANDoDIST.-oTINSUKIA o ASSAMo VERSUSo GOBINDAoKARMAKARoANDo2oORS.o SONoOFoRUHINIoRANJANoKARMAKARo RESIDENToOFoNUNIAoPATTYoFEEDERoROAD,o CONNECTINGoNAU-PUKHURIoROAD,o WARDoNO.o3,oNEARoTILOKoMARKET,o P.O.,oP.S.oANDoDIST.-oTINSUKIA,o ASSAM,oPIN-o786125. 2:UMAoKARMAKAR oWIFEoOFoSRIoGOBINDAoKARMAKAR Page No.# 2/4 RESIDENT OF NUNIA PATTY FEEDER ROAD CONNECTING NAU-PUKHURI ROAD WARD NO. 3 NEAR TILOK MARKET P.O. P.S. AND DIST.- TINSUKIA ASSAM PIN- 786125. 3:THE TINSUKIA MUNICIPAL BOARD HAVING ITS OFFICE AT G.N.B. ROAD TINSUKIA TOWN P.O. P.S. AND DIST.- TINSUKIA ASSAM PIN- 786125 REPRESENTED BY ITS CHAIRMAN Advocate for the Petitioner : MR. BHASKAR DUTTA, SENIOR ADVOCATE Advocate for the Respondent : BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH