AMIT KUMAR SINGHAL AND 5 ORS Vs. KOHINOOR PLYWOODS PVT LTD AND ANR
HIGH COURT OF GAUHATI
Amit Kumar Singhal And 5 Ors
Kohinoor Plywoods Pvt Ltd And Anr
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Suman Shyam, J. -
(1.) Heard Mr. P. J. Saikia, learned counsel for the appellants. I have also heard Mr. G. Choudhury, learned counsel representing the respondent No.1. None appears for the other respondents.
(2.) The order dated 29.05.2018 passed in Misc.(J) Case No.31/2018 arising out of Title Suit No.18/2018 whereby, an order of temporary injunction was granted by the learned Civil Judge, Tinsukia, Assam restraining the appellants herein from forcibly entering into the suit land and from disturbing the peaceful possession of the respondent No.1 and from alienating the suit land by creating third party right has been put under challenge in the present appeal.
(3.) The facts of the case, in a nutshell, are that the respondent No.1 as plaintiff had instituted Title Suit No.18/2018 in the Court of learned Civil Judge, Tinsukia, inter-alia, praying for a decree declaring its right, title and interest over the suit land measuring 5 Bigha 3 Katha 5.93 Lechas described in the schedule to the plaint; for confirmation of possession; for declaration that the sale deeds bearing Nos.424 of 2011, 1827/2013 as well as the sale deed bearing No.2250 of 2016 as null and void and for other consequential reliefs. In the said Title Suit the respondent No.1 had also filed a separate application registered and numbered as Misc.(J) Case No.31/2018 praying for an order of temporary injunction. In the Title Suit No.18/2018, the appellant Nos.1, 2 and 3 are the defendant Nos.1, 2 and 3 whereas the respondent No.1 is the plaintiff.;
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