On The Death Of Smritirekha ... vs Anuradha Chakraborty
2023 Latest Caselaw 689 Gua

                                                             Page No.# 1/3

GAHC010251492022




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


                          Case No: I.A.(Civil)/3647/2022

         ON THE DEATH OF SMRITIREKHA CHAKRABORTY BEING SUBSTITUTED
         BY PINKY CHAKRABORTY
         W/O ABHISHEK CHAKRABORTY
         R/O R.K.B. PATH
         STATION ROAD
         DIBRUGARH
         PIN- 786001
         AND ALSO AT WEST SRIPURIA
         DHEKIAJURI
         BONGALI GAON
         P.O.- SRIPURIA
         P.S.- TINSUKIA
         TINSUKIA DISTRICT
         ASSAM
         PIN- 786125.


          VERSUS

         ANURADHA CHAKRABORTY
         W/O ASHISH CHAKRABORTY
         R/O DHOEDHAAM TEA ESTATE
         P.O.- BORHAPJAN
         P.S.- DOOMDOMA
         TINSUKIA DISTRICT
         ASSAM
         PIN- 786190.


         ------------
         Advocate for : MR S KHOUND
         Advocate for : appearing for ANURADHA CHAKRABORTY
                                                                         Page No.# 2/3

          Linked Case No. : RFA/45/2022

                      ON THE DEATH OF SMRITIREKHA CHAKRABORTY BEING
                      SUBSTITUTED BY PINKY CHAKRABORTY
                      W/O ABHISHEK CHAKRABORTY,
                      R/O R.K.B. PATH, STATION ROAD, DIBRUGARH, PIN- 786001,
                      AND ALSO AT WEST SRIPURIA, DHEKIAJURI, BONGALI
                      GAON, P.O.- SRIPURIA, P.S.- TINSUKIA, TINSUKIA DISTRICT,
                      ASSAM, PIN- 786125.



                      VERSUS

                      ANURADHA CHAKRABORTY
                      W/O ASHISH CHAKRABORTY,
                      R/O DHOEDHAAM TEA ESTATE,
                      P.O.- BORHAPJAN,
                      P.S.- DOOMDOMA, TINSUKIA DISTRICT, ASSAM, PIN- 786190.



          Advocate for the Petitioner   : MR S KHOUND

          Advocate for the Respondent : MR. A K GUPTA

                                BEFORE
               HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                          ORDER

22.02.2023.

The present application is filed under Section 107 of the Code of Civil Procedure, 1908 read with Order 39 Rule 1 and 2, read with Section 151 CPC, against the judgment and decree dated 05.09.2022, passed by the learned Civil Judge, Tinsukia, in Title Suit No. 34/2019, praying for ad-interim injunction against the respondent, not to change the nature and character of the Schedule land (suit land) and also not to sell/alienate/transfer/lease/create encumbrance on the suit land, till the disposal of the connected appeal, i.e., RFA/45/2022.

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Notices were issued on 09.12.2022 and Mr. Gupta, learned counsel has entered appearance on behalf of sole respondent and he prays that he may be granted some time to file objection. Prayer is allowed.

However, as an ad-interim measure, till such objection is filed, the nature and character of the Schedule land (suit land) be not changed and no third party right be created.

JUDGE

Comparing Assistant