Gauhati High Court
Ratan Lal Sharma vs Hifzur Rahman And Anr on 17 October, 2023
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GAHC010240282023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP(IO)/337/2023
RATAN LAL SHARMA
S/O LATE KALYAN MAL SHARMA,
PERMANENT RESIDENT OF HAIBARHAON, NAGAON TOWN, P.O.-
NAGAON, DIST.- NAGAON, ASSAM.
PRESENTLY RESIDING AT 2 VOLGA COMPLEX, JAIIL ROAD, FANCY
BAZAR, GUWAHATI, KAMRUP(M), ASSAM, PIN- 781001.
VERSUS
HIFZUR RAHMAN AND ANR.
S/O LATE HABIBUR RAHMAN,
R/O WARD NO. 4, GAURIPUR, P.O. AND P.S.- GAURIPUR, DIST.- DHUBRI,
ASSAM.
2:MUSTT. MOUCHUMI RAHMAN
W/O ABUL MIAH
R/O WARD NO. 4
GAURIPUR
P.O. AND P.S.- GAURIPUR
DIST.- DHUBRI
ASSAM
Advocate for the Petitioner : MR. D MOZUMDER
Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
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ORDER
Date : 17.10.2023
Heard Mr. D. Mazumdar, learned senior counsel, assisted by Mr. S. Deka,
learned counsel for the petitioner.
By filing this application under Article 227 of the Constitution of India, the
petitioner has assailed the order dated 12.10.2023 passed by the learned Civil
Judge (Senior Division) No.3, Kamrup (M), Guwahati in Misc.(J) Case No.
1036/2023. By the said order, the application filed by the petitioner under
Section 151 CPC for restraining the respondents from taking forceful possession
of the land in question was rejected without issuance of notice.
Issue notice including the notice on the prayer for interim relief, returnable
within 4(four) weeks.
The petitioner shall take steps within 2 days for service of notice on the
respondent by registered post with A/D.
The learned senior counsel for the petitioner has prayed for interim relief.
It is the projected case of the petitioner that an ex parte judgment and
decree dated 29.11.2022 was passed by the learned Civil Judge (Senior
Division) No.3, Kamrup (M), Guwahati in TS 384/2019. Coming to know about
ex parte decree, the learned senior counsel for the petitioner has filed an
application under Order IX Rule 13 CPC, which was registered as Misc.(J) Case
No. 1035/2023 for setting aside the ex parte judgment and decree. The
petitioner apprehended that he may be evicted forcefully and illegally without
due process of law. The learned senior counsel for the petitioner has also
submitted that the respondent no.1 has not prayed for recovery of khas
possession of the suit premises and therefore, it is submitted that the
apprehension is based on the said fact.
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The learned senior counsel for the petitioner has also placed reliance on
the decision of this Court in the case of Ramesh Chandra Kalita Vs. Mira
Patowari and Ors., (1997) 1 GLR 287, to project that in given situation, the
Court has the power under section 151 CPC for grant of relief in case the justice
demand it.
Having regard to the projection made by the learned senior counsel for
the petitioner that the petitioner apprehends that he may be evicted without
due process of law, the Court is inclined to restrain the respondent from evicting
the petitioner from the suit premises being land measuring 2K-17L covered by
Dag No. 482(Old)/1980 (New) of K.P. Patti No. 32 (Old)/1309 (New) of Village
Daranda under Mouza Beltola, District- Kamrup (M), Guwahati without following
the due process of law.
The pendency of this application shall not be a bar for the learned Civil
Judge (Senior Division) No.3, Kamrup (M), Guwahati to proceed with the
adjudication of Misc.(J) Case No. 1035/2023.
The petitioner shall produce a certified copy of this order before the
learned Court to bring the order to the notice of the said learned court.
List after 4(four) weeks.
JUDGE
Comparing Assistant
