Madhav Chandra Hazowari @ Madhab ... vs Smti. Puhe Hazowari
2022 Latest Caselaw 2077 Gua

                                                                         Page No.# 1/5

GAHC010133062019




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

                                Case No. : I.A.(Civil)/3128/2019

            MADHAV CHANDRA HAZOWARI @ MADHAB CHANDRA HAJOWARY
            S/O- LATE BENGAL SINGH HAJOWARY, R/O- DIGHALI, PART-I, P.O. AND P.S.
            DHUPDHARA, DIST.- GOALPARA, ASSAM, PIN- 783123.


            VERSUS

            SMTI. PUHE HAZOWARI
            D/O- LATE BILASH HAZOWARI, R/O- VILL.- DIGHALI, PART-I, P.O. AND P.S.
            DHUPDHARA, DIST.- GOALPARA, ASSAM- 783123.


Advocate for the Petitioner   : MR. K SARMA

Advocate for the Respondent : MR. S KALITA

             Linked Case : RSA/208/2019

            MADHAV CHANDRA HAZOWARI @ MADHAB CHANDRA HAJOWARY
            S/O- LATE BENGAL SINGH HAJOWARY
            R/O- DIGHALI
            PART-I
            P.O. AND P.S. DHUPDHARA
            DIST.- GOALPARA
            ASSAM
            PIN- 783123.


             VERSUS

            SMTI. PUHE HAZOWARI AND 10 ORS.
            D/O- LATE BILASH HAZOWARI
            R/O- VILL.- DIGHALI
            PART-I
                                                    Page No.# 2/5

P.O. AND P.S. DHUPDHARA
DIST.- GOALPARA
ASSAM- 783123.

2:STATE OF ASSAM
REP. BY THE DEPUTY COMMISSIONER CUM DEPUTY COLLECTOR
 GOALPARA DISTRICT
 P.O. AND P.S. GOALPARA
 DIST.- GOALPARA
ASSAM- 783101.
 3:THE SUB REGISTRAR
 SUB REGISTRAR OFFICE
 GOALPARA
P.O.
 P.S. AND DIST.- GOALPARA
ASSAM
 PIN- 783101.
 4:THE CIRCLE OFFICER OF RONGJULI CIRCLE
P.O. RONGJULI
 DIST.- GOALPARA
ASSAM- 783134.
 5:SMTI. HEMALATA HAZOWARI
W/O- LATE KOLA HAZOWARI
 R/O- DIGHALI
 PART-I
 P.O. AND P.S. DHUPDHARA
 DIST.- GOALPARA
ASSAM- 783123.
 6:SRI DILESWAR HAZOWARI
S/O- LATE KOLA HAZOWARI
 R/O- DIGHALI
 PART-I
 P.O. AND P.S. DHUPDHARA
 DIST.- GOALPARA
ASSAM- 783123.
 7:SRI BALARAM HAZOWARI
S/O- LATE KOLA HAZOWARI
 R/O- DIGHALI
 PART-I
 P.O. AND P.S. DHUPDHARA
 DIST.- GOALPARA
ASSAM- 783123.
 8:SRI BHOKLAL HAZOWARI
S/O- LATE KOLA HAZOWARI
 R/O- DIGHALI
 PART-I
 P.O. AND P.S. DHUPDHARA
 DIST.- GOALPARA
                                                                       Page No.# 3/5

          ASSAM- 783123.
          9:SRI DALIM KACHARI
         S/O- LATE BIREN KACHARI AND D/O- HOIBA HAZOWARI (HOIBA KACHARI
         IS THE SISTER OF PLANTIFF)
          VILL.- DIGHALI
          DAMPARA PART-II
          P.S. DHUPDHARA
          DIST.- GOALPARA
          ASSAM- 783123.
          10:SMTI. MOINA KACHARI
         D/O- LATE BIREN KACHARI (FATHER) AND D/O- LATE HOIBA HAZOWARI
         (LATE HOIBA KACHARI IS THE SISTER OF THE PLAINTIFF)
          C/O- SRI DALIM KACHARI
          S/O- LATE BIREN KACHARI
          VILL.- DIGHALI
          DAMPARA
          PART-II
          P.O. AND P.S. DHUPDHARA
          DIST.- GOALPARA
          ASSAM- 783123.
          11:SMTI. ARPANA KACHARI
         W/O- SRI SANKAR KACHARI AND D/O- LATE BIREN KACHARI AND LATE
         HOIBA HAZOWARI (LATE HOIBA HAZOWARI IS THE SISTER OF THE
         PLAINTIFF)
          VILL.- DARANGIRI
          BANGALPARA
          P.O. DARANGIRI
          P.S. RONGJULI
          DIST.- GOALPARA
          ASSAM- 783134.
          ------------

Advocate for : MR. K SARMA Advocate for : MR. S KALITA (R1) appearing for SMTI. PUHE HAZOWARI AND 10 ORS.

BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH

10.06.2022

Heard Mr. K. Sarma, the learned counsel for the applicant and Mr. P. Das, the learned counsel appearing on behalf of the respondents.

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This is an application under Order XXXIX Rule 1 read with Section 151 of the Code of Civil Procedure for grant of temporary injunction restraining the plaintiff and her men, agents and workmen from occupying the suit land and doing any cultivation and/or construction work in the suit land and/or alienating the same to any other party by way of sale, mortgage etc. till disposal of the connected second appeal.

It appears on record that the plaintiff had filed the suit for a decree declaring that the sale deed dated 08.01.1987 is null and void and for cancellation of the said deed and also for a decree declaring that the plaintiff is entitled to recover khas possession of the suit land from the defendants. The said suit was decreed thereby declaring that the sale deed dated 08.01.1987 is null and void and the same is not enforceable in law and liable to the cancelled and the defendant No. 1 was directed to give the suit land to the plaintiff.

Against the said, an appeal was preferred before the Court of the Civil Judge at Goalpara which was registered and numbered as T.A. No.15/2017 and the said appeal was dismissed thereby upholding the judgment and decree passed by the trial court.

Aggrieved, the instant appeal has been preferred and this Court vide an order dated 20.09.2019 had admitted the second appeal on a substantial question of law. Along with the said appeal, the instant application was also filed seeking temporary injunction as already stated herein above.

This Court vide an order dated 20.09.2019 had directed the parties to maintain status-quo in respect to the property in question. As the appeal Page No.# 5/5

has already been admitted and is pending disposal before this Court, this Court also deems it proper that the status-quo be maintained in respect to the said property till the disposal of the appeal.

Accordingly, the Interlocutory Application stands disposed of with the above direction.

JUDGE

Comparing Assistant