Shri Shri Radhamadhabjiew ... vs Silchar Municipal Board And Ors
2023 Latest Caselaw 779 Gua

                                                                       Page No.# 1/3

GAHC010004322023




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

                                Case No. : I.A.(Civil)/149/2023

            SHRI SHRI RADHAMADHABJIEW BIGRAHA
            A DEITY, REP. BY ITS SHEBAIT SHRI ASHISH KUMAR RAY, AGED ABOUT
            74 YEARS, S/O- LATE KRISHIKESH SAHA, R/O- LOCHAN BAIRAGI ROAD,
            P.O. AND P.S. SILCHAR, DIST.- CACHAR, PIN- 788001.



            VERSUS

            SILCHAR MUNICIPAL BOARD AND ORS
            REP. BY ITS CHAIRPERSON/ EXECUTIVE OFFICER, R/O- P.O. AND P.S.
            SILCHAR, DIST.- CACHAR, PIN- 788001.

            2:ON THE DEATH OF SMT. DHAN KUMARI SUTRADHAR
             HER LEGAL REPRESENTATIVE NAMELY

            2.1:SMTI MADHUMITA SUTRADHAR
             D/O LATE DHAN KUMARI SUTRADHAR
            W/O SRI AMRIT SUTRADHAR @ NETAI SUTRADHAR
             R/O RADHAMADHAB ROAD
             SILCHAR TOWN
             P.O.-SILCHAR
             DIST-CACHAR
             PIN-78800

Advocate for the Petitioner   : MR. A C SARMA

Advocate for the Respondent : MR SISHIR DUTTA




             Linked Case : RSA/94/2019
                                                                       Page No.# 2/3


          SHRI SHRI RADHAMADHABJIEW BIGRAHA A DEITY

          REPRESENTED BY ITS SHEBAIT ANGSHU KUMAR RAY (IMPLEADED)
          A DEITY
          REP. BY ITS SHEBAIT SHRI ASHISH KUMAR RAY (SAHA)
          AGED ABOUT 71 YEARS
          S/O- LATE KRISHIKESH SAHA
          R/O- LOCHAN BAIRAGI ROAD
          P.O. AND P.S. SILCHAR
          DIST.- CACHAR
          PIN- 788001.


           VERSUS

          SILCHAR MUNICIPAL BOARD AND ANR
          REP. BY ITS CHAIRPERSON/ EXECUTIVE OFFICER
          R/O- P.O. AND P.S. SILCHAR
          DIST.- CACHAR
          PIN- 788001.

          2:SMTI. DHAN KUMARI SUTRADHAR
          W/O- BIRENDRA SUTRADHAR
           R/O- RADHAMADHAB ROAD
           SILCHAR TOWN
           P.O. SILCHAR
           DIST.- CACHAR
           PIN- 788001.
           ------------
          Advocate for : MR. A C SARMA
          Advocate for : MR SISHIR DUTTA appearing for SILCHAR MUNICIPAL BOARD
          AND ANR



                                BEFORE
               HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                    ORDER

Date : 27.2.2023

The present application is filed in connection with RSA 94/2019. The connected Second Appeal was filed assailing judgment and decree dated 21.12.2018 passed in Title Appeal No. 8/2009 whereby the judgment and Page No.# 3/3

decree passed in Title Suit No. 43/2002 was upheld. The connected Second Appeal has been admitted by this court on 8.5.2019.

The present application is filed for a temporary injunction restraining the respondents in the connected Second Appeal from changing the nature and character of the suit land as well as from alienating the suit land, as described in schedule-A.

When the matter was listed on 9.2.2023, the learned counsel for the respondent prayed for time which was granted. When the matter is called today, a prayer for adjournment is made. Such adjournment is granted, however till an objection is filed by respondents and this IA is decided, as an ad-interim measure, it is provided that status-quo in respect of Schedule-A land pertaining to the suit shall be maintained.

List the matter after four weeks.

JUDGE

Comparing Assistant