Gauhati High Court
Syed Mohammad Ali vs Abdul Ali Ahmed on 23 March, 2023
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GAHC010065522023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/814/2023
SYED MOHAMMAD ALI
S/O- SYED WAJED ALI, SARUMATARIA, P.O. AND P.S. DISPUR, GUWAHATI-
781006, ASSAM
VERSUS
ABDUL ALI AHMED
S/O- LATE DOST MAHAMMAD, R/O- H/NO. 109, PRAGATI BHAWAN,
FAKARUDDIN ALI AHMED ROAD, SIXMILE, GHY-22, DIST. KAMRUP(M),
ASSAM
Advocate for the Petitioner : MR. B D DEKA
Advocate for the Respondent : MR. A ALI
Linked Case : CRP(IO)/169/2022
ABDUL ALI AHMED
S/O- LATE DOST MAHAMMAD
REPRESENTED HOUSE NO. 109
PRAGATI BHAWAN
FAKARUDDIN ALI AHMED ROAD
SIXMILE
GUWAHATI-22
DIST. KAMRUP(M)
ASSAM
Page No.# 2/4
VERSUS
SYED MOHAMMAD ALI
S/O- SYED WAJED ALI
SARUMATARIA
P.O. AND P.S. DISPUR
GUWAHATI-781006.
------------
Advocate for : MR. K BHATTACHARJEE
Advocate for : MR. B D DEKA appearing for SYED MOHAMMAD ALI
BEFORE
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
23.03.2023 Heard Mr. B. D. Deka, learned counsel for the applicant. Also heard Mr. K. Bhattacharjee, learned counsel for the opposite party.
This is an application filed under Order XXXIX Rule 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 for grant of temporary injunction restraining the opposite party/ petitioner, his men, heirs, representatives, agents, and assigns, etc. or anyone claiming under him from carrying out any further construction activity over the suit property and/or from alienating, transferring, encumbering, charging and / or changing the nature and character of the Schedule suit property as mentioned in the instant application in any manner till disposal of the connected CRP(IO) No. 169/2022.
The opposite party herein preferred the connected CRP(IO) No. 169/2022 assailing an order dated 06.07.2022 passed by the learned Additional District & Page No.# 3/4 Sessions Judge No. 1, Kamrup (M) at Guwahati in Sessions (Spl.) L.G. Case No. 20/2016, whereby the present respondent i.e. petitioner in the said revision petition are held to be land grabber.
While such dispute is pending for final consideration by this Court, now the present application is filed by the applicant who was petitioner in the Land Grabbing Case, by alleging that even after the determination of the learned Additional District & Sessions Judge No. 1, Kamrup (M) at Guwahati, the petitioner in revision petition is trying to make permanent construction over the disputed land and trying to change the nature and character of the said land. Accordingly, the present application is filed.
Issue notice returnable after four weeks.
As Mr. Bhattacharjee, learned counsel accepts notice on behalf of the opposite party, no formal notice need be issued against him. Mr. Bhattacharjee, learned counsel for the opposite party may file objection in the present application.
As an ad-interim measure, till such objection is filed and this Interlocutory Application is decided, status quo in respect of schedule property as indicated herein below shall be maintained and no construction should be carried out over the said land and no third party right shall be created.
"SCHEDULE PROPERTY Land measuring 6 Kathas in Dag No. 749 (old) of K.P.Patta No.49 (old) of village Hangrabari, under Revenue Circle Dispur, Dist. Kamrup (M), Guwahati now under new Dag No. 3823 of Patta No. 2224 which is bounded by:-
Page No.# 4/4 North: Govt. Drain/Khas land. South: Land of Bhubaneswar Choudhury.
East: Land of Akhtar Banu.
West: Land of Husenara Begum".
JUDGE
Comparing Assistant