4: Md. Anowar Hussain vs Md Rahim Ali @ Abdur Rahim And Anr H
2023 Latest Caselaw 2477 Gua

                                                            Page No.# 1/4

GAHC010111542023




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

                         Case No. : I.A.(Civil)/1563/2023

         ON THE DEATH OF HATEM ALI
         HIS LEGAL HEIRS

         1.1: MUSSTT. KHABIRAN NESSA
         W/O LATE HATEM ALI
          R/O VILL-NARARBHITA PT-II
          P.O.-RANGAPANI
          P.S.-MERERCHAR
          DIST- BONGAIGAON
         ASSAM

         1.2: MD. HABIBAR ALI
          S/O LATE HATEM ALI
          R/O VILL-NARARBHITA PT-II
          P.O.-RANGAPANI
          P.S.-MERERCHAR
          DIST- BONGAIGAON
         ASSAM

         1.3: MD. ASMAT ALI
          S/O LATE HATEM ALI
          R/O VILL-NARARBHITA PT-II
          P.O.-RANGAPANI
          P.S.-MERERCHAR
          DIST- BONGAIGAON
         ASSAM

         1.4: MD. ANOWAR HUSSAIN
          S/O LATE HATEM ALI
          R/O VILL-NARARBHITA PT-II
          P.O.-RANGAPANI
          P.S.-MERERCHAR
          DIST- BONGAIGAON
         ASSA
                                                                          Page No.# 2/4


            VERSUS

            MD RAHIM ALI @ ABDUR RAHIM AND ANR H
            S/O LT. NAYAB ALI R/O VILL- NARARBHITA PT-II P.S. MERERCHAR, P.O.
            RANGAPANI DIST. BONGIAGAON, ASSAM, PIN-

            2:MD. NOBAR ALI
             S/O LT. KAMALUDDIN SHEIKH R/O VILL- NARARBHITA PT-II P.S.
            MERERCHAR
             P.O. RANGAPANI
             DIST. BONGAIGAON
            ASSA

Advocate for the Petitioner   : MR. N N JHA

Advocate for the Respondent : MS. R CHOUDHURY




             Linked Case : RSA/148/2017

            ON THE DEATH HATEM ALI HIS LEGAL HEIRS MUSSTT KHABIRAN NESSA
            and 3 ORS
            W/O LT. HATEM ALI

            2: MD. HABIBAR ALI
            S/O LT. HATEM ALI

            3: MD. ASMAT ALI
            S/O LT. HATEM ALI

            4: MD. ANOWAR HUSSAIN
            R/O VILL- NARARBHITA PT.II P.O. RANGAPANI
            P.S. MERERCHAR DIST. BONGAIGAON
            ASSAM
            VERSUS

            MD RAHIM ALI @ ABDUR RAHIM and ANR
            S/O LT. NAYAB ALI R/O VILL- NARARBHITA PT.II P.S. MERERCHAR
            P.O. RANGAPANI DIST. BONGIAGAON
            ASSAM

            2:MD. NOBAR ALI
            S/O LT. KAMALUDDIN SHEIKH R/O VILL- NARARBHITA PT.II P.S.
                                                                           Page No.# 3/4

            MERERCHAR
            P.O. RANGAPANI DIST. BONGAIGAON
            ASSAM
            ------------
            Advocate for : MR.L K BORAH
            Advocate for : MRS.R CHOUDHURY appearing for MD RAHIM ALI @ ABDUR
            RAHIM and ANR



                                   BEFORE
                    HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                      ORDER

Date : 12.06.2023

Heard Mr. N. N. Jha, learned counsel for the applicant/ appellant. Also heard Ms. R. Choudhury, learned counsel for the respondent.

This is an application under order XXXIX Rule 1 & 2 read with Section 151 of the Code of Civil Procedure seeking temporary injunction over the suit land.

It is submitted by the learned counsel for the applicant/ appellant that the appeal has already been instituted against the impugned judgment and order dated 07.12.2016, passed by the learned Civil Judge, Bongaigaon, in Title Appeal No. 02/2015. However, during the pendency of this appeal, the opposite party has started construction on the disputed land and hence, the present application has been filed seeking injunction.

In this context, the learned counsel appearing on behalf of the respondent, Mrs. R. Choudhury, has submitted that some time may be granted to take instructions from her client and to file written objection, if so advised.

Page No.# 4/4

On the other hand, the learned counsel for the applicant submitted that if further construction is carried out in the disputed land, it will cause inconvenience on the part of the applicant/appellant and hence, prayed for an interim relief in the form of status quo.

Considering the submissions made by the learned counsels for both sides and also considering the entire facts and circumstances of the case, both the parties are hereby directed to maintain status quo over the suit land till next date.

List the matter on 21.06.2023.

JUDGE

Comparing Assistant