CRP 307/2016. Gauhati High Court

Case NumberCRP 307/2016
Judgement DateSaturday April 03, 2021
CourtGauhati High Court

I N THE GAUHATI HI GH COURT

( THE HI GH COURT OF ASSAM, NAGALAND, MI ZORAM & ARUNACHAL PRADESH)

C.R.P. NO. 307/ 2016

Md. Samsuddin & another … Petitioners -Vs-

Md. Sabjali Ali & others … RespondentS

For the petitioners: Mr. J. Ahmed,

Mr. S. Das,

Miss. D. Bora,

Mr. A. Haque,

Miss. S. Kalita,

Miss. M. Begum, Advs.

For the respondents: Mr. M.A. Sheikh, Adv.

BEFORE

HON’BLE MR. JUSTI CE KALYAN RAI SURANA

Date of hearing : 29-03-2017 Date of judgment : 03-04-2017

JUDGMENT & ORDER ( CAV)

Heard Mr. J. Ahmed, the learned counsel for the petitioner as well as Mr. M.A. Sheikh, the learned counsel for the respondent.

2) This revision has been filed by invoking Section 115 read with Section 151 of the Civil Procedure Code read with Article 227 of the Constitution of I ndia. The challenge in this revision is the first appellate order dated 20.07.2016 passed under Order XLI I I Rule 1(r) of the Code of Civil Procedure by the learned Civil Judge, Morigaon in Misc. Appeal No.

CRP No.307/ 2016 Page 1 of

2/ 2016, upholding the order dated 21.03.2016 passed by the learned Munsiff No.1, Morigaon in Misc. (J) Case No. 63/ 2015 arising out of T.S. No. 56/ 2015, thereby rejecting the prayer to grant ad-interim injunction.

3) The case of the parties is that the petitioners are the plaintiffs in T.S. No. 56/ 2015. They claim...

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