Purnananda Hazarika vs Jarada Hazarika And Anr
2021 Latest Caselaw 2712 Gua

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GAHC010093252021




                        THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                I.A.(Civil)/1631/2021

         PURNANANDA HAZARIKA
         S/O- LATE HITESWAR HAZARIKA
         R/O- VILL.- SAKRAHI
         MAUZA- NARAYANPUR
         PIN- 784164
         DIST.- LAKHIMPUR
         ASSAM


          VERSUS

         JARADA HAZARIKA AND ANR.
         D/O- LATE HITESWAR HAZARIKA
          R/O- VILL.- SAKRAHI
          MAUZA- NARAYANPUR
          PIN- 784164
          DIST.- LAKHIMPUR
          ASSAM

         2:SMTI. MONI HAZARIKA KARMAKAR
         D/O- LATE HITESWAR HAZARIKA
          R/O- VILL.- SAKRAHI
          MAUZA- NARAYANPUR
          PIN- 784164
          DIST.- LAKHIMPUR
         ASSAM
          ------------
         Advocate for : DR. P K GOSWAMI
         Advocate for : appearing for JARADA HAZARIKA AND ANR.

                            In Case No. : RSA/95/2021

          PURNANANDA HAZARIKA
          S/O- LATE HITESWAR HAZARIKA, R/O- VILL.- SAKRAHI, MAUZA-
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             NARAYANPUR, PIN- 784164, DIST.- LAKHIMPUR, ASSAM



             VERSUS

             JARADA HAZARIKA AND ANR
             D/O- LATE HITESWAR HAZARIKA, R/O- VILL.- SAKRAHI, MAUZA-
             NARAYANPUR, PIN- 784164, DIST.- LAKHIMPUR, ASSAM

             2:SMTI. MONI HAZARIKA KARMAKAR
              D/O- LATE HITESWAR HAZARIKA
              R/O- VILL.- SAKRAHI
              MAUZA- NARAYANPUR
              PIN- 784164
              DIST.- LAKHIMPUR
             ASSA

             Advocate for the Petitioner   : DR. P K GOSWAMI

             Advocate for the Respondent :

                                    BEFORE
                     HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                             ORDER

Date : 08/11/2021

Heard Dr. P.K. Goswami, the learned counsel for the applicant. Issue notice returnable by 4 (four) weeks.

The connected appeal has already been admitted today on a substantial question of law.

I have heard the learned counsel for the applicant and taking into consideration that irreparable injury would be caused to the applicant, if the impugned judgment and decree is not stayed, I am of the opinion, that it would be in the interest of justice, the operation of the impugned judgment and decree dated 01/03/2021 passed by the District Judge, Lakhimpur, North Lakhimpur, in Title Appeal No. 1/2019 confirming the judgment and decree dated 21/05/2018 passed by the Civil Judge, Lakhimpur, in Title Suit No. 6/2016, in so far as the recovery of the suit land by evicting the defendants therefrom by demolishing the structure Page No.# 3/3

constructed by the defendants and for permanent injunction, is stayed.

It would, however, be open to the Trial Court to send the relevant papers to the Collector in pursuance to the preliminary decree passed, so that the Collector is able to take appropriate action in terms of Section 54 of the Code of Civil Procedure read with Sections 106, 107 and 110 of the Assam Land Revenue Regulations, 1886.

IA stands disposed of.

JUDGE

Comparing Assistant