Gauhati High Court
Md. Ubedur Rahman Borah vs Md. Ulfatur Rahman Borah And Anr on 20 March, 2019
Author: Suman Shyam
Bench: Suman Shyam
Page No.# 1/3
GAHC010060832019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 1014/2019
1:MD. UBEDUR RAHMAN BORAH
S/O LATE DR. MUHIBUR RAHMAN BORAH, BY OCCUPATION BUSINESS,
R/O WARD NO. 6, SHANTI NAGAR, NORTH LAKHIMPUR TOWN, P.O. AND
P.S. NORTH LAKHIMPUR, MOUZA AND DIST. LAKHIMPUR, ASSAM, PIN
787001
VERSUS
1:MD. ULFATUR RAHMAN BORAH AND ANR
S/O LATE DR. MUHIBUR RAHMAN BORAH, BY OCCUPATION ENGINEER
PERMANENT R/O WARD NO. 6, NORTH LAKHIMPUR TOWN, P.O. AND P.S.
NORTH LAKHIMPUR, MOUZA AND DIST. LAKHIMPUR ASSAM, PIN 787001
PRESENTLY RESIDING AT 2ND FLOOR, BLOCK -B, PROTECH HERITAGE,
MOTHER TERESA ROAD,
GEETANAGAR,
GUWAHATI 781024
2:SRI JYOTI PRASAD HAZARIKA
C/O- HOTEL NANDIKESHOR
S/O- LATE MAHENDRA HAZARIKA
R/O- VILL.AND P.O.- GORUMURIA
P.S. NORTH LAKHIMPUR
MOUZA AND DIST.- LAKHIMPUR
ASSAM
PIN- 78703
Advocate for the Petitioner : MR SK N MAHAMMAD
Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
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ORDER
Date : 20-03-2019 Heard Mr. S.K. SN. Mohammad, learned counsel for the applicant. This I.A. has been filed under Order XXXIX Rules 1 and 2 CPC arising out of MFA No. 88/2019 praying for an order of temporary injunction restraining the respondent/ opposite party from disturbing the peaceful possession of the applicant over the "C" schedule land, which prayer was rejected by the learned trial court leading to institution of MFA No. 88/2019 which is pending disposal before this Court.
It appears that the applicant as plaintiff had instituted Title Suit No. 13/2018 before the court of Civil Judge, Lakhimpur, North Lakhimpur, inter alia, praying for a declaratory decree. The applicant had also prayed for a decree of permanent injunction restraining the respondent Nos. 1 and 2 from disturbing the peaceful possession of the applicant over the "C" schedule land described in the plaint.
The applicant claims to be the registered owner of the suit land and according to the statements made in the application, he is in possession of the "C" schedule land. However, acting on the basis of an illegal power of attorney allegedly executed by the opposite party No. 1 in favour of the opposite party No. 2 an attempt is being made to illegally dispossess the applicant from the said plot of land.
Mr. Mohammad, learned counsel for the applicant submits that there is an imminent threat of dispossession of his client from the "C" schedule land and therefore, an order of ex- parte injunction be passed by this Court protecting the possession of the applicant over the land, by dispensing with the service of prior notice upon the opposite parties.
Page No.# 3/3 Issue notice returnable on 10-04-2019.
Applicant to take steps for service of notice upon the opposite parties in accordance with law.
Having regard to the statement made in the application, I am of the view that a prima facie case has been made out by the applicant for granting of an ex-parte ad-interim order of injunction in his favour. This Court has further noticed that the applicant claims to be in possession of the "C" schedule land and hence, balance of convenience also appears to be in favour of the applicant. As such, if the order of temporary injunction is refused, then in that event the same may result into irreparable loss and injury to the interest of the applicant.
In view of the above, it is provided that till the returnable date, the parties would maintain status quo as regards possession over the "C" schedule land.
List again on 10-04-2019.
JUDGE GS Comparing Assistant