BASHIR AHMED Vs. KHALIL AHMED
LAWS(MEGH)-2013-7-2
HIGH COURT OF MEGHALAYA
Decided on July 09,2013

BASHIR AHMED Appellant
VERSUS
KHALIL AHMED Respondents

JUDGEMENT

- (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 causelist.
(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.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.