JOGENDRA SARMA Vs. PRASANTA SAHARIA AND OTHERS

JUDGEMENT

(1.) This is an application, under Art. 227 of the Constitution of India, against the order, dated 11.8.2009, passed by the learned Civil Judge, Darrang, Mangaldoi, in Misc Appeal No. 4 of 2008, allowing the appeal and setting aside thereby the order, dated 28.5.2008, passed by the learned Munsiff No.l, Mangaldoi, in Misc (J) Case No. 37 of 2007, arising out of Title Suit No.26 of 2007, whereby the learned Munsiff had granted injunction restraining the respondents herein from dispossessing the plaintiff-petitioner from the land of Schedules C and D as described in the Schedule to the plaint.

(2.) Heard Mr. MK Choudhury, learned senior counsel, for the plaintiff-petitioner, and Mr. N. Chakraborty, learned counsel for the defendants-opposite party.

(3.) While considering the present revision, it needs to be pointed out that the plaintiff-petitioner instituted the suit seeking declaration of his rights, title and interest over the land of Schedule C to the plaint and also permanent injunction restraining the defendants, their agents, workers, servants, etc, from dispossessing the plaintiff from the land of Schedules C and D to the plaint, the land of Schedule D being part of the land Schedule C, or, in anyway, disturbing the peaceful possession of the plaintiff over the said land. The plaintiff-petitioner also filed a petition, under Order XXXIX Rules 1 and 2 read with section 151 of the CPC, seeking temporary injunction in terms of the prayer made in the suit as mentioned herein before. This application for injunction gave rise to Misc Case (J) No.37 of 2007.