Archana Dewriary v. M/S Swastik Engineers and Anr

ORDER

13.03.2024

The instant appeal has been filed under Order XLIII Rule 1(r) of the Code of Civil Procedure, 1908 (for short, the Code) challenging the order dated

17.06.2023 passed in Misc.(J) No.323/2020 arising out of Title Suit No.125/2011. Vide the impugned order dated 17.06.2023, the application seeking injunction, restraining the opposite parties, their men, agents from alienating, selling, letting out or otherwise dealing with the schedule X property or any part thereof, was rejected.

¶2This Court during the course of the hearing had asked the learned counsels appearing on behalf of both the parties as to what is the stage of the suit, taking into account that the said Title Suit pertains to the year 2011. It was submitted at the Bar that the said Suit is at the stage of cross examination of the defendants' witnesses. Therefore, it is seen that the suit is at the stage of culmination. Under such circumstances, this Court is not inclined to interfere with the order dated 17.06.2023 passed in Misc(J) Case No.323/2020, more so, when such an order has been passed in exercise of the discretionary jurisdiction by the learned trial court. Accordingly, the instant appeal stands dismissed.

¶3This Court, however, before parting with the records, finds it pertinent to observe that the principles of Lis Pendens as conceptualized in Section 52 of the Transfer of Property Act 1882 shall duly apply in respect of any alienation, selling, letting out or otherwise dealing with the schedule X-property or any part Page No.# 3/3 thereof. The same shall be duly taken note of by the learned trial court while deciding the suit.

¶4With the above, the instant appeal stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010152582023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oFAO/41/2023o ARCHANAoDEWRIARYo W/OoSHRIoRATNAKANTAoDEWRLARY,o R/OoLAIMATI,oVILL.-oKHATANGPANI,oMOUZA-oTIRAP,oDIST.-oTINSUKIA,o ASSAM,oPRESENTLYoRESIDINGoAToRUKMININAGAR,oNEARoWIRELESSo BUS,oSTOPPAGE,oP.S.-oDISPUR,oGUWAHATI-o22,oASSAM. VERSUSo M/SoSWASTIKoENGINEERSoANDoANR.o AoPROPRIETORSHIPoFIRM,oHAVINGoREGISTEREDoOFFICEoANDoPRINCIPALo PLACEoOFoBUSINESSoAToG.S.oROAD,oCHRISTIANoBASTI,oP.S.-oDISPUR,o GUWAHATI-o781006,oREPoBYoITSoPROPRIETOR,oSHRIoPRASANTAoKUMARo BARUAH,oS/OoSHRIoUMESHoCHANDRAoBARUAH. 2:PRASANTAoKUMARoBARUAH oS/OoSHRIoUMESHoCHANDRAoBARUAH o R/OoHOUSEoNO.o8 oSURUSHoMUKHIoPATH oR.G.oBARUAHoROAD oGUWAHATI oKAMRUPo(M) oASSAMo AdvocateoforotheoPetitionerooooo:oMR.oRoKoBHUYANo AdvocateoforotheoRespondento:oMR.oSoSHARMAoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH