Page No.# 1/3 vs Dinesh Kalita
2024 Latest Caselaw 5891 Gua

Gauhati High Court

Page No.# 1/3 vs Dinesh Kalita on 14 August, 2024

                                                                  Page No.# 1/3

GAHC010159932024




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

                          Case No. : CRP(IO)/294/2024

         ARJUN KALITA AND 3 ORS.
         S/O- LATE PARSURAM KALITA, R/O- VILL.- SAHPUR, MOUZA- DEPHELI,
         P.O. AND P.S. TAMULPUR, DIST. BAKSA, BTR, ASSAM, PIN- 781367.

         2: PHANIRAM KALITA
          S/O- LATE PARSURAM KALITA
          R/O- VILL.- SAHPUR
          MOUZA- DEPHELI
          P.O. AND P.S. TAMULPUR
          DIST. BAKSA
          BTR
         ASSAM
          PIN- 781367.

         3: BANI KANTA KALITA
          S/O- MANIRAM KALITA
          R/O- VILL.- SAHPUR
          MOUZA- DEPHELI
          P.O. AND P.S. TAMULPUR
          DIST. BAKSA
          BTR
         ASSAM
          PIN- 781367.

         4: NAREN KALITA
          S/O- MANIRAM KALITA
          R/O- VILL.- SAHPUR
          MOUZA- DEPHELI
          P.O. AND P.S. TAMULPUR
          DIST. BAKSA
          BTR
         ASSAM
          PIN- 781367
                                                                       Page No.# 2/3

            VERSUS

            DINESH KALITA
            S/O- LATE MAHESWAR KALITA, R/O- VILL.- SAHPUR, MOUZA- DEPHELI,
            P.O. AND P.S. TAMULPUR, DIST. BAKSA, BTR, ASSAM, PIN- 781367.



Advocate for the Petitioner   : MR. A ROSHID, MS. T BEGUM

Advocate for the Respondent : ,




                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                         ORDER

Date : 14.08.2024

Heard Mr. A. Roshid, learned counsel for the petitioner.

2. In this petition, under Article 227 of the Constitution of India, read with Section 151 of the Code of Civil Procedure, four petitioners have put to challenge the correctness or otherwise of the judgment and order dated 29.05.2024, passed by the learned District Judge, Baksa, in Misc. Appeal No. 1/2024.

3. It is to be noted here that vide impugned judgment and order dated 29.05.2024, the learned District Judge, Baksa has set aside the order dated 11.10.2023, passed in Misc. (J) Case No. 2/2023, passed by the learned Civil Judge (Senior Division), Baksa. It is also to be noted here that vide order dated 11.10.2023, the learned Civil Judge (Senior Division), Baksa has granted injunction and restrained the opposite parties from erecting any permanent structure over the suit land and from changing the nature and character of the same till disposal of the suit.

4. Perused the petition and the grounds mentioned therein and also perused Page No.# 3/3

the impugned judgment and order dated 29.05.2024, passed by the learned District Judge, Baksa and the order dated 11.10.2023, passed by the learned Civil Judge (Senior Division), Baksa .

5. Let notice be issued to the respondent returnable in four weeks.

6. Steps be taken upon the respondent by way of registered post with A/D as well as by usual process within a week from today.

7. Registry shall call for the scanned copy of the records of Misc. Appeal No. 1/2024 from the Court of learned District Judge, Baksa and Misc. (J) Case No. 2/2023, from the Court of learned Civil Judge (Senior Division), Baksa.

8. Till the next returnable date, the impugned judgment and order dated 29.05.2024, passed by the learned District Judge, Baksa, in Misc. Appeal No. 1/2024, stands stayed

9. List the matter after four weeks.

JUDGE

Comparing Assistant