Braja Kr Singha and 2 Ors v. Keshab Sarma and 2 Ors

ORDER

27.03.2024

This is an application under Article 227 of the Constitution challenging the non-granting of an ad-interim ex-parte temporary injunction by the Court of the learned Additional District Judge No.1, Kamrup(M) at Guwahati in Misc.(J) Case No.120/2023 arising out of Misc. Appeal No.25/2023.

¶2From the records, it reveals that a suit was filed by the petitioners herein along with an injunction application restraining the defendants, his men, agents, workmen and associates from raising further construction over the suit land in any manner and also from changing the nature and character of the suit land in any manner as well as restraining the defendant Nos.1 and 2 their men, agents, workmen and associates from selling and alienating the suit land in any manner. The said injunction application was registered and numbered as Misc.(J) Case No.919/2023. The Court of the learned Civil Judge (Senior Division) No.2 Kamrup(M) at Guwahati by the order dated 14.09.2023 issued notice and did not grant an ad-interim ex-parte injunction.

¶3Being aggrieved, an appeal was preferred being Misc. Appeal No.25/2023 before the Court of the learned District Judge, Kamrup(M) at Guwahati which Page No.# 4/5 was subsequently endorsed to the file of the learned Additional District Judge No.1, Kamrup(M) at Guwahati for disposal. In the said appeal, an injunction application was filed being Misc.(J) Case No.120/2023, whereby an injunction was sought for similar to the injunction as sought for in Misc.(J) Case No.919/2023. The learned 1st Appellate Court vide an order dated 29.09.2023 admitted the appeal and called for the records. The learned 1st Appellate Court further in the said injunction application being Misc.(J) Case No.120/2023 only issued notice and did not grant the ad-interim ex-parte injunction as sought for.

¶4Being aggrieved, the instant proceeding has been filed by the petitioner before this Court. This Court vide a detailed order dated 19.10.2023 was pleased to grant an interim injunction restraining the opposite parties/respondents herein from proceeding with the further construction of the proposed boundary wall, or otherwise changing the nature and character of the suit land, more specifically described in this application as well as the schedule appended to the plaint. The said order has been extended by this Court from time to time.

¶5This Court had duly enquired from the learned counsel appearing on behalf of both the parties as to what is the stage of the Misc. Appeal pending before the learned 1st Appellate Court. It has been duly informed that the said Misc. Appeal is at the stage of filing objection by the respondents herein.

¶6Taking into account that there is an appeal proceedings which is presently ongoing along with an injunction proceeding pending before the learned 1st Page No.# 5/5 Appellate Court, in the opinion of this Court, a further parallel proceeding being continued before this Court would not be in the interest of justice. Accordingly, this Court taking into account the order passed by this Court on 19.10.2023 and the same being presently continued from time to time is of the opinion that if the said order dated 19.10.2023 is continued till disposal of the Appeal, the same would meet the ends of justice. Accordingly, this Court restrains the respondents herein from proceeding with the further construction of the proposed boundary wall or otherwise changing the nature and character of the suit land, more specifically, described in the schedule appended to the plaint till the disposal of the appeal being Misc.Appeal No.25/2023.

¶7It is made clear that the learned 1st Appellate Court shall decide the said appeal being Misc. Appeal No.25/2023 on its own merit, without being influenced by the present order as well as the order dated 19.10.2023 passed by this Court. Further to that, taking into account that the said Misc.Appeal proceeding arises out of an order not granting an ex-parte order of injunction, the learned 1st Appellate Court is requested to dispose of the said Misc. Appeal proceedings within a period of three months from the date of the instant order being placed before the learned 1st Appellate Court.

¶8With the above, the instant revision petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010242732023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCRP(IO)/341/2023o BRAJAoKRoSINGHAoANDo2oORSo S/O-oTHAMBALANGAUoSINGHA,o R/O-oDAKSHINoMOHANPUR,o P.O.oANDoP.S.-oSONAI,o INoTHEoDISTRICT-CACHAR,oASSAM.o PRESENTLYoRESIDINGoAT-oSATGAONoPUKHURIoPAR,o MASJIDoROAD,oHOUSEoNO.1,o P.O.oANDoP.S.-oSATGAON,oGUWAHATI-27,o INoTHEoDISTRICToOFoKAMRUP(M),oASSAM. 2:oL.oANILoSINGHA oS/O-oGOBINDAoSINGHA o R/O-oVILL-oPURBOoKITTERoBONDoPT.-I o P.O.-oAMLA oDIST.-oHAILAKANDI oASSAM.o PRESENTLYoRESIDINGoAToHOUSEoNO.o31 o SHANKARoNAGARoBYEoLANE-9 oVIPoROAD o GUWAHATI-o781171 oP.O.-oUDAYANoVIHAR o P.S.-oSATGAON oINoTHEoDISTRICToOFoKAMRUP(M) oASSAM. 3:oM.oBASANTAoSINGHA oS/O-oLATEoM.oABHIRAMoSINGHA o R/O-oVILL-oCHENGBILo(UMEDoNAGAR) Page No.# 2/5 P.O.- LALA DIST.- HAILAKANDI ASSAM. REPRESENTED BY HIS ATTORNEY I.E. THE PETITIONER NO. 1 NAMELY BRAJA KR. SINGHA APPOINTED VIDE GENERAL POWER OF ATTORNEY UNDER INSTRUMENT NO. 211577/2023 DATED 25/8/23 VERSUS KESHAB SARMA AND 2 ORS S/O- LT. KRISHNALAL SARMA, R/O- VILL- AMSING JORABAT, WARD NO. 5, P.O. AND P.S.- SATGAON, GUWAHATI-27, DIST- KAMRUP(M), ASSAM. 2:BIPLAB PAUL SON OF LATE BIRENDER PAUL R/O- VILL- AMSING JORABAT WARD NO. 5 P.O. AND P.S.- SATGAON GUWAHATI-27 DIST- KAMRUP(M) ASSAM. 3:BHARAT GIRI SON OF NANDA GIRI RESIDENT OF - VILL- AMSING JORABAT POST OFFICE- SATGAON POLICE STATION- SATGAON GUWAHATI- 781027 DIST.- KAMRUP(M) ASSAM Advocate for the Petitioner : MR. N N JHA Page No.# 3/5 Advocate for the Respondent : MR B K SARMA (R1) BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH