Gauhati High Court
Page No.# 1/5 vs Madan Sarma Dubey And Ors on 8 February, 2022
Page No.# 1/5
GAHC010206692021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2155/2021
MANISH KHATUWALA and 3 ORS.
S/O LATE RAJENDRA KR. KHATUWALA, R/O LAWKHOWA ROAD,
HAIBORGAON, NAGAON, DIST. NAGAON, ASSAM
PRESENTLY RESIDING AT
C/O GAURISHANKAR KHATUWALA AND BROTHERS, S.J. ROAD,
ATHGAON, GUWAHATI 781001
2: MADHU DEVI KHATUWALA
W/O LATE RAJENDRA KR. KHATUWALA
R/O LAWKHOWA ROAD
HAIBORGAON
NAGAON
DIST. NAGAON
ASSAM
PRESENTLY RESIDING AT
C/O GAURISHANKAR KHATUWALA AND BROTHERS
S.J. ROAD
ATHGAON
GUWAHATI 781001
3: SMRITI KUMARI KHATUWALA
D/O LATE RAJENDRA KR. KHATUWALA
R/O LAWKHOWA ROAD
HAIBORGAON
NAGAON
DIST. NAGAON
ASSAM
PRESENTLY RESIDING AT
C/O GAURISHANKAR KHATUWALA AND BROTHERS
S.J. ROAD
ATHGAON
GUWAHATI 781001
4: PRITI KHATUWALA
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D/O LATE RAJENDRA KR. KHATUWALA
R/O LAWKHOWA ROAD
HAIBORGAON
NAGAON
DIST. NAGAON
ASSAM
PRESENTLY RESIDING AT
C/O GAURISHANKAR KHATUWALA AND BROTHERS
S.J. ROAD
ATHGAON
GUWAHATI 78100
VERSUS
MADAN SARMA DUBEY and ORS.
S/O LATE KAMAL NATH DUBEY, UPON DEATH OF MAHENDRA SARMA,
HIS LEGAL HEIRS REPRESENTATIVE ARE
1.1:LALITA SARMA
W/O LATE MAHENDRA DUBEY (SARMA)
D/O LATE MAHENDRA SARMA
R/O LAWKHOWA ROAD
HAIBORGAON
NAGAON
DIST. NAGAON
ASSAM.
1.2:ANIMA SARMA
D/O LATE MAHENDRA SARMA
R/O LAWKHOWA ROAD
HAIBORGAON
NAGAON
DIST. NAGAON
ASSAM.
1.3:PUNAM SARMA
D/O LATE MAHENDRA SARMA
R/O LAWKHOWA ROAD
HAIBORGAON
NAGAON
DIST. NAGAON
ASSAM.
1.4:MADHU SARMA
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D/O LATE MAHENDRA SARMA
R/O LAWKHOWA ROAD
HAIBORGAON
NAGAON
DIST. NAGAON
ASSAM.
1.5:PARIMAL SARMA
S/O LATE MAHENDRA SARMA (DUBEY) R/O LAWKHOWA ROAD
HAIBORGAON
NAGAON
DIST. NAGAON
ASSAM
Advocate for the Petitioner : MR G N SAHEWALLA
Advocate for the Respondent : MS. M BHATTACHARJEE
Linked Case : RSA/120/2014
MANISH KHATUWALA and 3 ORS.
S/O LATE RAJENDRA KUMAR KHATUWALA
2: SMTI MADHU DEVI KHATUWALA
W/O LATE RAJENDRA KUMAR KHATUWALA
3: MISS SMRITI KUMARI KHATUWALA
4: MISS PRITI KHATUWALA
BOTH ARE DAUGHTERS OF LATE RAJENDRA KUMAR KHATUWALA
ALL ARE RESIDENTS OF LOWKHOWA ROAD
HAIBORGAON
NAGAON
DIST. NAGAON
ASSAM. PRESENTLY RESIDING AT C/O GOURISHANKAR KHATUWALA and
BROTHERS
S.J. ROAD
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ATHGAON
GUWAHATI-1
VERSUS
MADAN SARMA DUBEY and 5 ORS.
S/O LATE KAMAL NATH DUBEY
UPON THE DEATH OF MAHENDRA SARMA HIS LEGAL HEIRS
2:SMTI LALITA SARMA
W/O LATE MAHENDRA SARMA
3:MISS ANIMA SARMA
4:MISS PUNAM SARMA
5:MISS MADHU SARMA
ALL ARE DAUGHTERS OF LATE MAHENDRA SARMA
6:PARIMAL SARMA
S/O LATE MAHENDRA SARMA
ALL ARE RESIDENTS OF LAUKHOWA ROAD
HAIBORGAON
NAGAON
DIST. NAGAON
ASSAM.
------------
Advocate for : MR.A CHETIA
Advocate for : MR.S BHATTACHARYYA appearing for MADAN SARMA DUBEY
and 5 ORS.
BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 08-02-2022
Heard Mr. G.N. Sahewalla, learned senior counsel for the applicants and Ms. M. Bhattacharjee,
learned counsel for the respondents.
This is an application filed under Order 39 Rule 1 and 2 read with Section 151 of the Code of
Civil Procedure, 1908 praying for restraining the opposite parties from undertaking any construction
activities over the suit land.
The applicants filed title suit being T.S. No. 23 of 2005 praying for ejectment of the respondents
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from the suit property. The learned trial Court decreed the suit asking the respondents to vacate the
suit land as well as the house standing thereon.
The respondents preferred an appeal being T.A. No. 21 of 2011, in the court of the learned Civil
Judge, Nagaon. The appellate Court disagreed with the decisions of the learned trial Court and set
aside the trial Court's judgment. Therefore, the present appeal has been filed.
This present appeal has been admitted for hearing.
The appellants by filing the present application, alleged that the respondents are now preparing
to undertake construction work in the suit land. According to the appellants/ applicants, if the
respondents undertake construction activities in the suit land, the present appeal would become
infructuous.
By filing an affidavit-in-opposition, the opposite parties admitted that because of widening of
the National Highway, water logging in the suit land has started to happen. They further stated that in
order to get rid of the artificial water logging, they had filled up the entrance of the house only.
I have given anxious consideration to the submissions given by the learned counsels for both
the parties.
Since, both sides are engaged in litigation over the suit property, without an elaborate
discussion on the point, this Court is satisfied that the ends of justice would be achieved, if the parties
shall maintain status-quo as on today in respect of the suit property.
Therefore, the respondents who are in occupation of the suit property now are directed to
maintain status-quo as on today in respect of the suit property. It is made clear that no construction
activity shall be undertaken upon the suit land till disposal of the present appeal.
With the aforesaid direction, this interlocutory application stands disposed of.
JUDGE
Comparing Assistant
