SMTI CHHABI DAS @ CHHABI DEY Vs. SRI SHYAMA PRASANNA MUKHERJEE AND 11 ORS.
HIGH COURT OF GAUHATI
Smti Chhabi Das @ Chhabi Dey
Sri Shyama Prasanna Mukherjee And 11 Ors.
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KALYAN RAI SURANA,J. -
(1.) Mr. G.N. Sahewalla, the learned Senior counsel, assisted by Mr. P. Deka, learned counsel appearing for the appellant as well as Mr. S. Dutta, the learned Senior Counsel, assisted by Ms. N. Modi, the learned counsel appearing for the respondents No. 1, 2 and 4 to 7. None appears on call for respondent No. 3. Hence, the matter has been taken ex-parte against them. With the consent of both sides, the matter has been taken up for hearing as the LCR is available.
(2.) This appeal under Order XLIII Rule 1(r) CPC is against the order dated 15.05.2015 passed by the learned Civil Judge, Dibrugarh in Misc. (J) Case No. 96/2014 arising out of T.S. No. 81/2014.
(3.) By the impugned order, the learned trial court in an application under Order XXXIX Rule 1 and 2 read with Section 151 CPC, inter alia, arrived at a conclusion that there was no concluded agreement of sale between the parties and held the said fact can only be determined on going through the evidence adduced by the parties for trial and therefore, it was held that no irreparable loss was caused on the appellant-petitioner because the purported agreement for sale had a clear stipulation of refund of money in the event of any difference cropped up between the parties in future. Therefore, although were triable issues in the suit, the appellant-petitioner was held not to be entitled to relief of injunction. Hence, the said Misc. (J) Case No. 96/2014 was disposed of by vacating the order of status quo passed on 22.10.2014.;
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