Bhabadev Goswami v. Prasenjit Kakati and 5 Ors

ORDER

23.01.2023

Heard Mr. R. Bhuyan, learned counsel for the appellant. Also heard Ms. D. Borgohain, learned counsel for the respondent Nos. 1 and 2.

¶2The present appeal is preferred under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908, assailing the order dated 21.07.2022 passed by the learned Civil Judge No. 3, Kamrup (M), Guwahati in Misc (J) Case No. 610/2022 arising out of Title Suit No. 442/2022.

¶3The appellant as plaintiff preferred the aforesaid suit against the respondents/defendants for declaration and specific performance of contract and for injunction. By the impugned order dated 21.07.2022, learned court below while considering the application filed by the appellant under Order 39 Rules 1 and 2 of Code of Civil Procedure, 1908 which was registered as Misc (J) Case No. 610/2022, considering the fact that there are multiple litigations pending amongst the parties pertaining to the suit property, refused to pass any interim injunction without giving the other side an opportunity of hearing. Against the aforesaid order, the present appeal has been filed.

¶4The present appellant also filed an application under Order 39 Rule 1 and 2 of the CPC along with present appeal which was registered as I.A. Page No.# 4/5 (Civil)/2228/2022 and this Court by an order dated 12.08.2022, directed both the parties to maintain status quo in respect of the suit property and also clarified that during that period the suit property shall not be alienated in favour of anyone.

¶5The injunction petition pending before the learned trial Court was at the stage of consideration of ad interim injunction and the learned trial Court has not made any final determination on the injunction application. That being the position and as a consensus has arrived, this Court is inclined to dispose of this appeal at admission stage itself by remanding back the matter to the learned trial court for determination of the Misc (J) Case No. 610/2022 by giving an opportunity of filing an objection and hearing to the opposite parties.

¶6In view of the aforesaid consensus, it is provided that the learned trial court below shall take up the Misc. (J) Case No. 610/2020. In the meantime, the parties shall appear before the learned trial court below on 30.01.2023 on which date, learned counsel for the plaintiff shall furnish the necessary documents and pleadings to the learned counsel for the respondents/defendants and thereafter, the learned trial court below shall proceed as per its own convenience and determine the injunction application.

¶7Till such determination, status quo order passed by this Court under its order dated 12.08.2022 shall continue.

¶8While parting with the record, it is made clear that this Court has not entered into the merit of the claim and counter claim of the parties relating to grant of injunction and accordingly, the learned trial court below shall decide the matter on its own merit without being influenced by any of the observations Page No.# 5/5 made in the present appeal or in I.A(Civil)/2228/2022. Accordingly, this appeal stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010151252022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oFAO/43/2022o BHABADEVoGOSWAMI.o S/OoLATEoKAMALESWARoGOSWAMI,o RESIDENToOFoHOUSEoNO.o17,oPUBERUNoPATH,oFORESToGATE,o HENGRABARI,oPOoANDoPSoDISPUR,oDISToKAMRUPoMoASSAMo781006 VERSUSo PRASENJIToKAKATIoANDo5oORSo S/OoLATEoLALIToNATHoKAKATI,oPERMANENToRESIDENToOFoHOUSEoNO.o 196,oTREBANIoPATH,oGANESHGURIoCHARILAI,oPOoANDoPSoDISPURo,oDISTo KAMRUPoMoASSAMo PRESENTLYoRESIDINGoAToFLAToNO.o3903,oBUILDINGoBAHARo1,oJUMEIRAo BEACHoRESIDENCE,oDUBAI,oPOoBPXo540299,oUAEo ALTERNATEoADDRESSo C/OoSRIoPRANoKRISHNAoSARMAoBARUAH,o HOUSEoNO.o18,oAMBHIKAGIRIoNAGAR,o781024,oKAMRUPoMoASSAM 2:DR.oSUMATIoCHANGKAKOTI oW/OoDR.oPRASENJIToKAKATI o PERMANENToRESIDENToOFoHOUSEoNO.o196 oTREBANIoPATH oGANESHGURIoCHARILAI oPOoANDoPSoDISPURo oDISToKAMRUPoMoASSAMo PRESENTLYoRESIDINGoAToFLAToNO.o3903 oBUILDINGoBAHARo1 oJUMEIRAoBEACHoRESIDENCE oDUBAI oPOoBPXo540299 oUAEo ALTERNATEoADDRESSo PageoNo.#o2/5 C/OoSRIoPRANoKRISHNAoSARMAoBARUAH o HOUSEoNO.o18 oAMBHIKAGIRIoNAGAR o781024 oKAMRUPoMoASSAM 3:M/SoNORTHoEASToSUPERoSPECIALITYoHOSPITALoPRIVATEoLTD oCOMPANYoINCORPORATEDoUNDERoTHEoPROVISIONSoOFoTHEo COMPANIESoACT o2013 oHAVINGoITSoREGISTEREDoOFFICEoAToHOUSEoNO.o56 oSAPTAoSAHIDoPATH oSARUMOTORIA oPOoANDoPSoDISPURo oGUWAHATIo781006 oDISToKAMRUPoMoASSAM oREPRESENTEDoBYoITSoDIRECTORoSRIoRAJESHoKUMARoJALAN 4:SRIoRAJESHoKUMARoJALAN oS/OoLATEoL.NoJALAN oRESIDENToOFoHOUSEoNO.o17 oGAYATRIoKUNJ oCHITRALEKHAoLAND oUSHAoNAGAR oDISPUR oGUWAHATIo781006 oDISToKAMRUPoMoASSAM. 5:M/SoHELICONoBUILDERSoPVT.oLTD. oREPRESENTEDoBYoITSoDIRECTORoMRS.oSUBRATAoKOUR oW/OoSRIoJARNELoSINGH o OFFICEoAToHOUSEoNO.o8 oS.KoBARUAHoROAD o1SToBYEoLANEo(EAST)oRUKMINIGAON oPSoDISPUR oGUWAHATIo871006 oKAMRUPoMoASSAM 6:SMTIoSUBRATAoKAUR oW/OoSRIoJARNELoSINGHo OFFICEoAToHOUSEoNO.o8 oS.KoBARUAHoROAD o1SToBYEoLANEo(EAST)oRUKMINIGAON oPSoDISPUR oGUWAHATIo871006 oKAMRUPoMoASSAo Page No.# 3/5 Advocate for the Petitioner : MR. R K BHUYAN Advocate for the Respondent : MS. K BARUAH BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY