BASHIR AHMED Vs. KHALIL AHMED
HIGH COURT OF MEGHALAYA
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(1.) HEARD Mr. S. Deka, learned counsel appearing for the petitioner. None
appears for the respondent without showing
any reasons inspite of showing the name of
the counsel for the respondent in the
(2.) FOR deciding the present revision petition, it is not required to mention the facts in detail leading to the filing of the T. S. No. 22
(H) 2000 in the Court of the Munsiff and also
the pleaded case of the party. Only the fact
sufficient for deciding the present revision
petition is being noted. The sole respondent
who is the brother of the present petitioner
filed the T. S. No. 22 (SH) 2000 for declaration and permanent injunction along with
Misc. Case No. 36(H) 2000 for an Ad Interim injunction against the present petitioner
in respect of the shop premises called "M/s.
K. B. & Sons" situated at G. S. Road,
Shillong - 793001, Meghalaya.
The learned Munsiff passed an ex parte injunction order dated 14 -12 -2000 in the said
Misc. Case No. 36(H) 2000, restraining the
present petitioner/defendant from claiming
the ownership of the said shop premises, i.e.
suit premises and also restraining him from
claiming joint ownership and interfering in
any manner over the suit premises.
(3.) BEING aggrieved by the said order, i.e. the said ex parte injunction order dated 14 -
12 -2000, the petitioner preferred for an appeal being Misc. Civil Appeal No. 16(H) 2000 in the Court of the District Judge, East Khasi Hills District, Shillong. The learned
District Judge, East Khasi Hills District,
Shillong after hearing both the parties, by an
order dated 31 -5 -2004 set aside the ex parte
injunction order dated 14 -12 -2000 and remanded the case to the lower Court, i.e. the
learned Munsif Court.;
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