M/S P S Developers vs Bharat Agarwal And 3 Ors
2025 Latest Caselaw 4134 Gua

Gauhati High Court

M/S P S Developers vs Bharat Agarwal And 3 Ors on 17 March, 2025

                                                                    Page No.# 1/3

GAHC010116952024




                                                             undefined

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

                          Case No. : CRP(IO)/92/2025

         M/S P S DEVELOPERS
         A PARTNERSHIP FIRM HAVING ITS OFFICE AT LAKHI GALI, FANCY
         BAZAR, GUWAHATI, PIN-781001 AT C/O AJIT SINGH BOTHRA AND SONS,
         P.O.- PAN BAZAR, DIST- KAMRUP (M), ASSAM AND REPRESENTED BY ITS
         MANAGING PARTNER, SRI NEERAJ KR. BOTHRA


         VERSUS

         BHARAT AGARWAL AND 3 ORS
         S/O LATE RAJ KUMAR AGGARWAL, R/O RIDDHI SIDDHI HEIGHT
         APARTMENT, BELTOLA, GUWAHATI, PIN-781028, P.O.- BASISTHA, DIST-
         KAMRUP (M), ASSAM

         2:LAKHIRAJ DEKA
          S/O LATE HARAKANTA DEKA
          R/O HOUSE NO. 3
          F.G. COLONY
          PANDU
          PIN-781012
          P.O.- PANDU
          DIST- KAMRUP (M)
         ASSAM

         3:ASHOK DEY
          S/O LATE MANINDRA CHANDRA DEY AND KHUKUBALA DEY
          R/O RODALI PATH
          LALGANESH
          GUWAHATI
          PIN-781034
          P.O.- LALGANESH
          DIST- KAMRUP (M)
         ASSAM
                                                                            Page No.# 2/3

             4:THE CIRCLE OFFICER
              NORTH GUWAHATI REVENUE CIRCLE
             AMINGAON
              PIN-781031
              DIST- KAMRUP
             ASSA

Advocate for the Petitioner : MR G CHOUDHURY, MR. S B BORAH,MR ARINDAM
BARUAH,MS M N KONYAK,MS N KALITA

Advocate for the Respondent : SC, REVENUE,

                                      BEFORE
                    HON'BLE MR. JUSTICE ROBIN PHUKAN
                                 ORDER

17.03.2025 Heard Mr G Choudhury, learned counsel for the petitioner.

2. In this petition under Article 227 of the Constitution of India, the petitioner has challenged the correctness and otherwise of the Judgment and Order dated 22.03.2024, passed by the learned District Judge, Kamrup, Amingaon, in Miscellaneous Appeal No. 1/2019.

3. It is to be noted here that vide impugned Judgment and Order dated 22.03.2024, the learned District Judge, Kamrup, Amingaon, has upheld the order dated 03.10.2019 and 21.10.2019, passed by the learned Civil Judge, Kamrup, Amingaon, in Misc (J) Case No. 142/2019, filed by the petitioner/appellant, praying for grant of ad-interim injunction in connection with Title Suit No. 116/2019.

4. Perused the petition and the grounds mentioned therein and also perused the impugned judgment and order, passed by the learned District Judge, Kamrup, Amingaon, on 22.03.2024, in Miscellaneous Appeal No. 1/2019.

5. Let notice be issued to the respondents, returnable in 4 (four) weeks.

Page No.# 3/3

7. Steps be taken by registered post with A/D and also by usual process, within a week from today.

8. Mr Choudhury, learned counsel for the petitioner submits that there is a requirement for passing an order directing the parties to maintain status quo and unless such an order is passed, this revision petition will be infructuous and, therefore, it is contended to issue such direction to the parties to maintain status quo, till disposal of this petition.

9. Having considered the submission of Mr Choudhury, learned counsel for the petitioner and also considering the facts and circumstances on the record, it is provided that the status quo as on today shall be maintained, till the returnable date.

10. List the matter after 4 (four) weeks.

JUDGE

Comparing Assistant