RANJIT BARUAH Vs. DULAL NEOG

JUDGEMENT

(1.) HEARD Mr. P.S. Deka, learned counsel for the appellant. None appears on behalf of the respondents although notice was duly served upon the respondents.

(2.) IN this appeal an injunction order dated 12.06.2013 passed under Order XXXIX Rule 1 & 2 read with Section 151 of the Code of Civil Procedure in Misc(J) Case No. 24 of 2008 arising out of Title Suit No. 15 of 2008 in the Court of learned Civil Judge, Sivsagar, has been assailed.

(3.) IN this suit, the plaintiff also filed an application under Order XXXIX Rule 1 & 2 read with Section 151 of the Code of Civil Procedure praying for temporary and/ or permanent injunction during pendency of Title Suit No. 15 of 2008 restraining the defendants from making any further construction on the suit land and / or changing the nature and character of the suit land. The respondents herein contested both the suits as well injunction petition. The injunction petition was registered as Misc(J) Case No. 24 of 2008. The learned Court after hearing the parties was satisfied that there was a prima facie case for granting injunction in favour of the plaintiff and accordingly, directed the parties to maintain status quo in regard to the suit land during pendency of the suit. This order was passed on 12.06.2013. The defendant No.1 has challenged this injunction order by filing the present appeal.