Gauhati High Court
Sri Utpal Kumar Choudhury vs Sri Pradip Kumar Choudhury And 3 Ors on 20 May, 2019
Author: Suman Shyam
Bench: Suman Shyam
Page No.# 1/4
GAHC010158492018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 1709/2019
1:SRI UTPAL KUMAR CHOUDHURY
S/O- LATE KANAK CHANDRA CHOUDHURY
R/O- ABHAY BHAWAN
H/NO. 11
BYE LANE-8
SUB BYE LANE 5 (EAST)
LACHIT NAGAR
GUWAHATI-7
DIST.- KAMRUP(M)
ASSAM AND AT PRESENT RESIDENT OF RAJANI ENCLAVE
MOTHER TERESA ROAD NEAR HATIGARH CHARIALI GUWAHATI-24
DIST.- KAMRUP(M)
ASSAM.
VERSUS
1:SRI PRADIP KUMAR CHOUDHURY AND 3 ORS
S/O- LATE KANAK CHANDRA CHOUDHURY
R/O- ABHAY BHAWAN
H/NO. 10
BYE LANE 8
SUB LANE-5 (EAST)
LACHIT NAGAR
GUWAHATI-7
DIST.- KAMRUP(M)
ASSAM.
2:SMTI. LINA BHUYAN CHOUDHURY
W/O- DR. NAGEN BHUYAN
R/O- H/NO. 20
HEM BARUAH PATH
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MATHURA NAGAR
DISPUR
GUWAHATI-6
DIST.- KAMRUP(M)
ASSAM.
3:SRI SARANGA PRATIK CHOUDHURY
S/O- LATE ANUP KUMAR CHOUDHURY
R/O- H/NO. 26
ANIL NAGAR
BYE LANE NO. 4
LKRB ROAD
GUWAHATI-24
DIST.- KAMRUP(M)
ASSAM.
4:SRI DILIP CHOUDHURY
S/O- LATE KANAK CHANDRA CHOUDHURY
PERMANENT R/O- ABHAY BHAWAN
H/NO. 10
BYE LANE NO. 8
SUB LANE NO. 5 (EAST)
LACHIT NAGAR
GUWAHATI-7
DIST.- KAMRUP(M)
ASSAM AND AT PRESENT RESIDENT AT 22
DEER RIDGE ROAD ASHLAND
MA 01721
USA.
Advocate for the Petitioner : MR. N N JHA
Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
20.05.2019 Heard Mr. N. N. Jha, learned counsel for the applicant. This I.A. has been filed under Order XXXIX Rules 1 and 2 CPC praying for Page No.# 3/4 an order of temporary injunction.
It appears that the petitioner as plaintiff had filed a suit for partition of the ancestral properties. Alleging that the defendants/OPs are trying to make construction over the suit land during the pendency of the suit, the applicant has prayed for an order of temporary injunction restraining them from raising any construction.
I have perused the statements made in the application. By referring to paragraph 40 of the application Mr. Jha submits that this is a case of extreme urgency and therefore, the order of injunction as prayed for, be granted ex-parte by dispensing with service of prior notice under Order XXXIX Rule 3 CPC.
Having regard to the facts stated in the application, I am of the view that the applicant has succeeded in making a strong prima facie case and the balance of convenience is also in favour of granting order of injunction. If the prayer for issuance of a order of temporary injunction is not entertained at this stage, then the same may not only lead to irreparable loss and injury to the applicant but it may also lead to multiplicity of legal proceedings.
In view of the above, issue notice returnable on 17.06.2019. Applicant to take steps for service of notice upon the OPs. Steps by registered post with A/D within three days from today. In addition, the applicant is also granted leave to serve the OPs through the learned counsel representing them before the court below.
As an ad-interim measure, it is provided that, status quo as on date, be Page No.# 4/4 maintained by the parties over the suit land until further orders.
JUDGE Comparing Assistant