LIPAK DAS Vs. DHARITRI KR. DAS
HIGH COURT OF GAUHATI
Dharitri Kr. Das
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KALYAN RAI SURANA, J. -
(1.) Heard Mr. S. Ali, the learned advocate for the appellants as well as Mr. D. Das, learned senior advocate, assisted by Mr. S. Deka, the learned advocate for the respondent.
(2.) While admitting this appeal under Order XLIII Rule 1(r) CPC, this Court by order dated 13.08.2018, had passed an order in the application filed by the appellants under Order XLI Rule 5 CPC, being I.A. (C) No. 2914/2018, thereby staying the operation of the impugned order dated 12.04.2018 passed by the learned Civil Judge, Kamrup (Rural), Amingaon in Misc. (J) Case No. 33/2017 in T.S. No. 39/2017 and it was further directed that the appellant No.2 shall file an undertaking before the learned trial Court that any construction that he would be doing would be at his own risk. In that respect, the respondent herein has filed I.A. (C) No. 3351/2018, thereby praying for recalling and/or vacation/alteration/ modification of the said order dated 13.08.2018 passed by this Court.
(3.) The respondent herein is the plaintiff in T.S. No. 39/2017, which was instituted for cancellation of registered power of attorney bearing registered Deed No. 242 dated 22.06.2016, for cancellation of registered Sale Deed bearing Deed No. 557/2017 dated 22.03.2017 by declaring the said deeds being void ab-initio and not binding on the respondent, and for other reliefs. Along with the suit, the respondent/ plaintiff had also filed a separate application seeking ad- interim injunction, which was registered as Misc. (J) Case No. 33/2017.;
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