Gauhati High Court
Hafiz Ali vs Sri Afroz Ahmed And 3 Ors on 22 May, 2019
Author: Suman Shyam
Bench: Suman Shyam
Page No.# 1/3
GAHC010090542019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : FAO 28/2019
1:HAFIZ ALI
S/O- JABED ALI FAKIR, R/O- FRIENDS PATH, HATIGAON, BHETAPARA
ROAD, P.O. AND P.S. HATIGAON, GUWAHATI, DIST.- KAMRUP(M), ASSAM,
PIN- 781038.
VERSUS
1:SRI AFROZ AHMED AND 3 ORS.
S/O- ZAMIRUL HAQUE, R/O- R/O- H/NO. 12, MOTHER TERESA PATH,
HATIGAON, BHETAPARA ROAD, P.O. AND P.S. HATIGAON, GUWAHATI-38,
DIST.- KAMRUP(M), ASSAM, PIN- 781038.
2:MUMTAZ ALAM
S/O- ZAMIRUL HAQUE
R/O- H/NO. 12
MOTHER TERESA PATH
HATIGAON
BHETAPARA ROAD
P.O. AND P.S. HATIGAON
GUWAHATI-38
DIST.- KAMRUP(M)
ASSAM
PIN- 781038.
3:NIAZ AHMED
S/O- LATE SAMSUDDIN AHMED
R/O- VILL.- BORSOJAI
FRIENDS PATH
H/NO. 12
HATIGAON
BHETAPARA ROAD
P.O. AND P.S. HATIGAON
GUWAHATI
Page No.# 2/3
DIST.- KAMRUP(M)
ASSAM
PIN- 781038.
4:RELIANCE HOME FINANCE LTD.
A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE
COMPANIES ACT
1956
HAVING ITS REGISTERED OFFICE AT RELIANCE CENTRE
SOUGHT WING
6TH FLOOR
OFF WESTERN EXPRESS HIGHWAY
SANTA CRUZ EAST
MUMBAI- 55 AND REP. BY ITS AUTHORIZED SIGNATORY AND ALSO
HAVING ONE OF ITS BRANCH AT ULUBARI
OPPOSITE TO KFC
GUWAHATI-7
DIST.- KAMRUP(M)
ASSAM- 781007
Advocate for the Petitioner : MR. S K GHOSH
Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
22.05.2019 Heard Mr. S. K, Ghosh, learned counsel for the appellant. This appeal preferred under Order XLIII Rule 1(r) of the CPC is primarily directed against the order dated 17.01.2019 passed by the learned Civil Judge No.1, Kamrup(M) at Guwahati in Misc.(J) Case No.38/2019 arising out of Title Suit No.14/2019 granting an order of ex-parte ad-interim injunction in favour of the respondents.
After hearing the argument advanced by Mr. Ghosh, it prima facie Page No.# 3/3 appears that the appellant is aggrieved by non-disposal of the application for temporary injunction and the extension of the order of ad-interim injunction granted by the learned court below, on the subsequent dates, notwithstanding the fact that the opposite parties have appeared and filed written objection in the matter.
From a perusal of the order dated 17.01.2019 it appears that the learned trial court had granted an ex-parte ad-interim injunction in favour of the petitioners/plaintiffs directing maintenance of status quo. Therefore, as per the mandate of Rule 3A of Order XXXIX CPC, the court below was required to dispose of the application for injunction within 30 days. However, the same has not been done in the present case.
Be that as it may, considering the grievance expressed by the appellant's counsel, I dispose of the appeal by observing that the learned trial court may make an attempt to finally dispose of the application for temporary injunction registered as Misc.(J) Case No.38/2019 on merits, within 15 days from the date of receipt of a certified copy of this order, after hearing learned counsel for the parties and without being influenced by any observation made in the order dated 17.01.2019.
Appeal stands closed.
JUDGE Comparing Assistant