ANJALEE BHATTACHARJEE Vs. SUNANDA DEB

JUDGEMENT

(1.) Heard Mr. K. Paul, learned counsel for the petitioner.

(2.) This is an application under Article 227 of the Constitution of India assailing the impugned order dated 10.06.2020 passed in F.A.O. No. 1 (H) 2020 arising out of Misc. Case No. 3 (H) 2020 and Title Suit No. 5 (H) 2020 by the Court of the learned Additional District Judge, Shillong.

(3.) The brief facts of the case are that the petitioner as plaintiff had filed a suit for declaration and mandatory injunction along with an application for an ad interim injunction praying for orders to direct the defendants/opposite parties to remove the garbage/debris/construction materials blocking the ingress/egress to the suit premises and to allow the petitioner/plaintiff to enter the suit premises under her occupation without any hindrance. The learned Trial Court vide order dated 29.05.2020 rejected the prayer for grant of ad interim injunction. Being aggrieved thereby the petitioner/plaintiff filed an appeal being F.A.O. No. 1 (H) 2020 before the Court of the Additional District Judge, Shillong. The learned first Appellate Court then fixed the matter on 17.06.2020 for hearing.