PETER A THOROSE, S/O AA THOROSE AND ORS Vs. GEETA DEVI GOENKA, C/O GOENKA AUTOMOBILES BUILDING, DISPUR, GUWAHATI AND ORS

JUDGEMENT

(1.) Both these petitions are directed against the same order dated 16.06.2011, passed by the Additional Deputy Commissioner / Additional District Judge, Shillong in FAO No. 1(T) 2009 and FAO No. 2(T) 2009, whereby said Court has affirmed the order dated 21.02.2009 passed in Misc. Case No. 33(T) of 1990 (arising out of Title Suit No. 21(T) of 1990) passed by the trial court (Assistant to Deputy Commissioner/Munsiff, Shillong). By the order dated 21.02.2009 after hearing the parties, trial court rejected the application for temporary injunction moved by the plaintiff and also dismissed the application of impleadment moved by the third party HD Santos.

(2.) Heard learned counsel for the parties and perused the records.

(3.) Brief facts of the case are that the plaintiffs claiming themselves owners of the land in suit filed Title Suit No. 21(T) 1990 before the trial court for declaration of title, confirmation of possession and permanent injunction, in respect of Patta No. 36 of 1990. It is pleaded by the plaintiffs that the land in dispute which was being used by the St. Peter's School, Shillong, as play ground was part of Patta No. 36 of 1990. In the aforesaid suit, the plaintiffs moved an application for temporary injunction which was registered as Misc. Case No. 33(T) 1990 praying to restrain and prohibit the opposite parties/defendants from interfering in the possession of the plaintiffs over the land in suit. Initially, on 12.04.1990, ad interim injunction was passed which was modified on 19.04.1990 with the direction "in the interim, none of the parties to the suit or anyone claiming through them would interfere with or enter upon or disturb the suit land." It was further directed vide order dated 02.05.1990 by the trial court that none of the parties will enter upon the disputed land or utilize the same. On this, the plaintiffs filed Misc. Appeal No. 5(T) of 1990 and defendants filed Misc. Appeal No. 4(T) of 1990. Both the appeals were disposed of directing the parties to maintain status quo. Aggrieved by the order of the appellate court, Civil Revision Petition No. 124 of 1990 and Civil Revision Petition No. 126 of 1990 were filed by the rival parties before the Gauhati High Court. Said two revisions were disposed of vide order dated 26.07.1990 directing the Additional Deputy Commissioner, Shillong to decide Misc. Appeals on merits.