Gauhati High Court
Page No.# 1/4 vs Pankaj Deka on 12 August, 2022
Page No.# 1/4
GAHC010046152022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/747/2022
ON THE DEATH OF NARAYAN CHANDRA MALI HIS LEGAL HEIRS SMT.
MAINA MALI AND ORS.
R/O VILLAGE BAIHATA, PS KAMALPUR, DIST KAMRUP, ASSAM, PIN-
781380
2: DIPAK MALI
LATE NARAYAN CHANDRA MALI
R/O VILLAGE BAIHATA
PS KAMALPUR
DIST KAMRUP
ASSAM
PIN-781380
3: BIBHA MALI
D/O NARAYAN CHANDRA MALI
R/O VILLAGE BAIHATA
PS KAMALPUR
DIST KAMRUP
ASSAM
PIN-781380
4: MINATI MALI DAS
D/O NARAYAN CHANDRA MALI
W/O SRI DEBAJYOTI MALI DAS
R/O VILLAGE BAIHATA
PS KAMALPUR
DIST KAMRUP
ASSAM
PIN-781380
5: KALYANI MALI DEKA
D/O NARAYAN CHANDRA MALI
W/O SRI ATUL DEKA
R/O VILLAGE BAIHATA
Page No.# 2/4
PS KAMALPUR
DIST KAMRUP
ASSAM
PIN-781380
6: RANU MALI DEKA
D/O NARAYAN CHANDRA MALI
W/O SRI NRIPEN DEKA
R/O VILLAGE KENDUKUCHI
PO BAKHANAJAN
DIST NALBARI
ASSAM
PIN-781337
7: NAMITA MALI TALUKDAR
D/O NARAYAN CHANDRA MALI
W/O DIGANTA TALUKDAR
VILL- BARGASA
PO LAKHARPARA
DIST. NALBARI
PIN-781337
8: ANAMIKA MALI SARMA
D/O NARAYAN CHANDRA MALI
W/O SRI BIPUL SARMA
R/O VILL LECHAKONA
PO PUTHIMARI
DIST KAMRUP
ASSAM
PIN-78138
VERSUS
PANKAJ DEKA
S/O LATE BAIKUNTHA DEKA, R/O VILLAGE SAJEI, PO DAGAON, PS
BAIHATA CHARIALI, DIST. KAMRUP, ASSAM, PIN-781380
Advocate for the Petitioner : MR. ATUL CHANDRA SARMA
Advocate for the Respondent :
Page No.# 3/4
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 12-08-2022
Heard Mr. A.C. Sarma, the learned senior counsel assisted by Mr.
B Deuri, for the applicant and Mr. BD Deka, the learned counsel appearing
on behalf of the respondent.
This is an application under Order XXXIX Rule 1 & 2 read
with section 151 of the CPC, 1908 seeking an ad-interim temporary
injunction restraining the opposite party from transferring or changing the
nature and character of the suit land as described in schedule A and B
below till the disposal of the second appeal.
From a perusal of the both the judgment and decree of the
Trial Court as well as the First Appellate Court, it is a concurrent finding of
fact that the plaintiff, who is the respondent herein is in possession of the
suit land and as such, there is a permanent injunction issued directing the
defendant/appellant herein not to disturb the peaceful possession of
plaintiff over the suit land.
The respondent upon receipt of the said injunction
application filed in the instant second appeal, filed an objection to the effect
that there is an existing tin chali shed over the suit premises which is used
for housing cattle owned by the respondent. It has further been mentioned
that the aforesaid tin chali shed was damaged under storm and rain and
therefore there is an urgent need for repair. Further to that, it was also
mentioned that there was no construction of permanent nature undertaken
over the suit land. It appears from Annexure -A to the injunction
application which are photographs enclosed by the appellant/applicant that
Page No.# 4/4
there are tin shed over the suit land with cattle thereunder.
After hearing the learned counsel for the parties, this Court
disposes of the instant injunction application thereby directing that the
respondent shall not carry out any permanent structure over the suit land
during the pendency of the second appeal. However, the respondent shall
be entitled to renovation over the existing structure standing thereon at the
risk and cost of the respondent.
The I.A stands disposed of.
JUDGE
Comparing Assistant
