Sri Sri Batadrava Than Parichalana Samittee, Batadrava and Anr v. Biraj Moni Bordoloi and Anr

PageoNo.#o1/4 GAHC010140282024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCRP(IO)/232/2024o SRIoSRIoBATADRAVAoTHANoPARICHALANAoSAMITTEE,oBATADRAVAoANDo ANRo REP.oBYoPRESIDENToJOGENDRAoNARAYANoDEVoMAHANTA,oAGEDo82o YEARS,oAToOFFICEo SRIoSRIoBATADRAVAoTHAN,o MOUZA-oBATADRAVA,oP.O-oBATADRAVA,oP.S-oBATADRAVA,oDIST-oNAGAON, ASSAM,oPIN-782122 2:oPRABHAToCHANDRAoKALITA oS/O-oLATEoBADANoCHANDRAoKALITA o(EXECUTIVEoPRESIDENT) o SRIoSRIoBATADRAVAoTHANoPARICHALANAoSAMITTEEo o AToOFFICEo SRIoSRIoBATADRAVAoTHANo MOUZA-oBATADRAVA oP.O-oBATADRAVA oP.S-oBATADRAVA oDIST-oNAGAON oASSAM oPIN-78212o VERSUSo BIRAJoMONIoBORDOLOIoANDoANRo S/O-oTARUNoCHANDRAoBORDOLOI,o R/O-oRUDRAMoBORDOLOIoROAD,o P.O-oHAIBORGAON,o P.S-oSADAR,oDIST-NAGAON,oASSAM,oPIN-782002o o PRESIDENT,o SRIoSRIoBATADRAVAoTHANoPARICHALANAoSAMMITTEEo(ADHOC),o MOUZA-oBATADRAVA,oP.O-oBATADRAVA,oP.S-oBATADRAVA,oDIST-oNAGAON, Page No.# 2/4 ASSAM, PIN-782122 2:SAILEN SAIKIA SECRETARY SRI SRI BATADRAVA THAN PARICHALANA SAMITTEE (ADHOC) BATADRAVA (ALIPUKHURI)

MOUZA-BATADRAVA P.O-BATADRAVA P.S-BATADRAVA DIST-NAGAON ASSAM PIN-78212 Advocate for the Petitioner : MR G BHARADWAJ Advocate for the Respondent : FOR CAVEATOR

:: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R

19.07.2024

Heard Mr. K.N. Choudhury, learned senior counsel for the petitioners as well as Mr. K.K. Mahanta, learned senior counsel representing the respondents.

¶2This is an application under Article 227 of the Constitution of India challenging the order dated 01.07.2024 passed by the learned Civil Judge (Sr. Div.), Nagaon in Misc. Appeal No.15/2024 arising of the order dated 20.06.2024 passed by the learned Civil Judge (Jr. Div.) No.1, Nagaon in Misc.(J) Case No.84/2024 (T.S. 172/2024).

¶3The petitioners filed a suit in the court of the learned Civil Judge (Jr. Div.) No.1, Nagaon against the respondents praying for a decree declaring that Shri Shri Batadrava Than Management Committee headed by the petitioners will continue to discharge to its duties and functions till its tenure comes to end on 15th May, 2025. They also prayed for a decree of a Page No.# 3/4 permanent injunction against the members/office bearers of Shri Shri Batadrava Than Management Committee (ad-hoc) constituted by the respondents debarring them from entering Shri Shri Batadrava Than, Ai-Khersuti Cultural Project and other institutions.

¶4Along with the plaint, the petitioners filed an application [Misc.(J) 84/2024] under Order 39 Rule 1 and 2 of the Code of Civil Procedure praying for an order of temporary injunction.

¶5The learned trial court passed an ex parte order of injunction under Order 39 Rule 3 of the Code of Civil Procedure and issued notices to the respondents.

¶6Thereafter, challenging the ex parte injunction order, the respondents filed an appeal being Misc. Appeal No.15/2024 in the court of Civil Judge (Senior Division), Nagaon under Order 43 Rule 1(r) of the Code of Civil Procedure.

¶7The learned appellate court, on 01.07.2024, stayed the ex parte order of injunction passed by the Civil Judge (Jr. Division) No.1, Nagaon and called for the lower court records.

¶8Mr. Choudhury has submitted that since the ex parte injunction was granted by the trial court under Order 39 Rule 3 of the Code of Civil Procedure, the appeal under Order 43 Rule 1

(r) of the said Code is not maintainable.

¶9Mr. Mahanta, on the other hand, submits that the entire scheme granting temporary injunctions is covered by Order 39 Rule 1 and 2 of the Code of Civil Procedure. According to Mr. Mahanta, under the aforesaid scheme, courts can grant ex parte injunction under Rule 3 and therefore, an appeal under Order 43 Rule 1(r) is maintainable.

¶10I have considered the submissions made by the learned senior counsels.

¶11I have found that there are many material aspects that are to be examined by the trial court. This Court is of the opinion that the trial court should be given the opportunity to examine the material aspects of the case.

¶12For this reason, the respondents are advised to appear before the trial court of Civil Judge (Jr. Division) No.1 at Nagaon to contest the injunction application filed by the petitioners and thereafter the trial court shall hear the parties and shall dispose of the application in accordance with the procedure as laid down by law.

¶13Consequently, the order dated 01.07.2024 passed by the learned Civil Judge (Sr. Div.), Page No.# 4/4 Nagaon in Misc. Appeal No.15/2024, is set aside.

¶14It is further directed that till disposal of the injunction application by the trial court, both sides shall maintain status quo as on today in respect of all the relevant material aspects. The revision petition stands disposed of accordingly.

JUDGE Comparing Assistant