Lakhi Prasad Shahu vs Suresh Singh And 2 Ors
2021 Latest Caselaw 3174 Gua

                                                                      Page No.# 1/2

GAHC010237782018




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

                                  Case No. : CRP/175/2018

            LAKHI PRASAD SHAHU
            S/O- LATE GOPAL SHAHU, R/O- PAKHARIJAAN GAON, P.S AND DIST-
            TINSUKIA, ASSAM



            VERSUS

            SURESH SINGH AND 2 ORS
            S/O- LATE KAMAL SINGH, R/O- CHIRWAPATTY, P.O- TINSUKIA TOWN, P.S
            AND DIST- TINSUKIA, ASSAM, PIN- 786125

            2:BINOD GUPTA
             S/O- LATE R P GUPTA
             R/O- CHAMBER ROAD
             P.O
             P.S AND DIST- TINSUKIA
            ASSAM
             PIN- 786125

            3:RAJU DEY
             S/O- LATE SUDHIR CHANDRA DEY
             R/O- BORPATHAR
            TINSUKIA TOWN
             P.O
             P.S AND DIST- TINSUKIA
            ASSAM
             PIN- 78612

Advocate for the Petitioner   : MR. S P CHOUDHURY

Advocate for the Respondent : MR. P J SAIKIA (R1
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                                    BEFORE
                     HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                            ORDER

Date : 29.11.2021

Heard Mr. S.P. Choudhury, the learned counsel appearing for the petitioners as well as Mr. P. Bordoloi, appearing on behalf of the respondents.

This is a petition under Article 227 of the Constitution of India challenging the judgment and order dated 8/8/2018 passed by the District Judge, Tinsukia in Misc. Appeal Case No. 5/2017, whereby the judgment and order dated 29/6/2017 passed by the Civil Judge, Tinsukia, in Misc. (J) Case No. 8/2015 was affirmed.

It is relevant to take note of that the order passed on 29/6/2017 in Misc. (J) Case No. 8/2015 arising out of Title Suit No. 6/2015 is an order of injunction. The appeal which had been filed before the Court below is an appeal in principle and the said Court had affirmed the said order. I do not see any grounds for interfering with the equitable discretion exercised by the Courts below in the instant case as the said orders have passed by taking into consideration the well settled principles of law relating to injunction. As it is the case of both the parties that they are in possession of the suit land, in the interest of justice both the parties are directed to maintain status-quo as regards the possession over the suit land till the disposal of Title Suit No. 6/2015.

In view of the above, the instant petition stands disposed off.

JUDGE

Comparing Assistant