Gauhati High Court
Kamal Chandra Hazarika vs Atul Das And 3 Ors on 3 April, 2023
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GAHC010057842023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/743/2023
KAMAL CHANDRA HAZARIKA,
S/O LATE KESHARAM HAZARIKA
RESIDENT OF PHULBARI, WARD NO. 4, MORIGAON TOWN, PO, PS AND
DIST MORIGAON, ASSAM, PIN 782105
VERSUS
ATUL DAS AND 3 ORS.
S/O LATE GOPAL DAS RESIDENT OF VILLAGE MORI-ERAGAON, MOUZA,
PO, PS AND DIST MORIGAON ASSAM 782105
2:SMTI ANJALI DAS
W/O SRI ATUL DAS
RESIDENT OF VILLAGE MORI-ERAGAON
MOUZA
PO
PS AND DIST MORIGAON ASSAM 782105
3:SRI JAYANTA DAS
S/O SRI ATUL DAS
RESIDENT OF VILLAGE MORI-ERAGAON
MOUZA
PO
PS AND DIST MORIGAON ASSAM 782105
4:SMTI GITAMONI DAS
D/O SRI ATUL DAS
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RESIDENT OF VILLAGE MORI-ERAGAON
MOUZA
PO
PS AND DIST MORIGAON ASSAM 78210
Advocate for the Petitioner : MR. P J SAIKIA
Advocate for the Respondent : MR. D C C PHUKAN
Linked Case : RSA/79/2022
ATUL DAS AND 3 ORS.
S/O LATE GOPAL DAS
RESIDENT OF VILLAGE MORI-ERAGAON
MOUZA
PO
PS AND DIST MORIGAON ASSAM 782105
2: SMTI ANJALI DAS
W/O SRI ATUL DAS
RESIDENT OF VILLAGE MORI-ERAGAON
MOUZA
PO
PS AND DIST MORIGAON ASSAM 782105
3: SRI JAYANTA DAS
S/O SRI ATUL DAS
RESIDENT OF VILLAGE MORI-ERAGAON
MOUZA
PO
PS AND DIST MORIGAON ASSAM 782105
4: SMTI GITAMONI DAS
D/O SRI ATUL DAS
RESIDENT OF VILLAGE MORI-ERAGAON
MOUZA
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PO
PS AND DIST MORIGAON ASSAM 782105
VERSUS
KAMAL CHANDRA HAZARIKA
S/O LATE KESHARAM HAZARIKA
RESIDENT OF PHULBARI
WARD NO. 4
MORIGAON TOWN
PO
PS AND DIST MORIGAON
ASSAM. 782105
------------
Advocate for : MR. D C C PHUKAN
Advocate for : MR. P J SAIKIA appearing for KAMAL CHANDRA HAZARIKA
BEFORE
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
03.04.2023.
Heard Mr. P. Bordoloi, learned counsel for the applicant/respondent. Also
heard Ms. D. Devi, learned counsel for the opposite parties/appellants.
This application is filed under Order 39 rule 1 and 2 read with Section 141 of
the Code of Civil Procedure praying for an ad-interim temporary injunction
restraining/prohibiting the opposite parties/appellants from changing the nature
and character of the suit land and inducting any third party as tenant and or
transferring or handing over the possession of the suit land to any third party till
disposal of the instant regular second appeal being RSA No. 79/2022.
The applicant/respondent filed a Title Suit being Title Suit No. 25/2016
before the Court of learned Munsiff No. 1, Morigaon praying for declaration of
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right, title, interest and recovery of possession. The said suit was decreed by
the learned trial Court below under its judgment and decree dated 10.06.2019
in favour of the applicant/respondent. Being aggrieved, the opposite
parties/appellants preferred an appeal being Title Appeal No. 10/2019 before
the learned Civil Judge, Morigaon. The learned appellate Court below under its
judgment and decree dated 23.12.2021 dismissed the same with cost.
Being aggrieved, the connected second appeal has been filed which was
admitted for hearing on 25.05.2022.
By way of the present application, it is alleged that the opposite
parties/appellants after admission of the second appeal, are trying to change
the nature and character of the suit land by raising construction and trying to
hand over the same to third parties.
Issue notice returnable after four weeks.
As Ms. D. Devi, accepts notice on behalf of all the opposite parties, no
formal notice need be issued against them. However, she prays for some time to
file objection. Prayer is allowed.
Till such objection is filed and matter is decided, it is directed that the
opposite parties/appellants shall not change the nature and character of the suit
land and shall not induct any third party as tenant and or transfer or hand over
the possession of the suit land to any third party.
JUDGE
Comparing Assistant
