DRAINSING KHARPAN Vs. ESTEL KHARPAN

JUDGEMENT

(1.) Heard Mr. S.C. Chakrawarty, learned Sr. counsel assisted by Ms. R. Sumer, learned counsel appearing on behalf of the petitioners as well as Mr. S. Wahlang, learned counsel appearing on behalf of the respondent.

(2.) The brief fact of the petitioner's case in a nutshell is that:

(3.) The learned Sr. counsel appearing on behalf of the petitioners submits that initially the plaintiff/respondent filed a Title Suit No. 10 of 2014 before the Judge, District Council Court and the Presiding Officer, Subordinate District Council Court, Shillong in Misc. Case No. 10 of 2014 passed an ex-parte injunction order dated 23.07.2014. Subsequently, the Presiding Officer, Subordinate District Council Court, Shillong after hearing both the parties passed the final order dated 10.11.2014 whereby, the said ex-parte injunction order dated 23.7.2014 was vacated. The plaintiff/respondent being aggrieved by the impugned order dated 10.11.2014 moved an appeal before the Judge, District Council Court, Shillong who after hearing both the parties restored the injunction order dated 23.07.2014 and observed that since there is no description of the boundary in the written statement, it will be difficult for the Court to adjudicate the matter. The learned Sr. counsel for the petitioners also submits that during the pendency of the said Title Suit No. 10 of 2014 the plaintiff/respondent filed an eviction suit bearing Title Suit No. 3 of 2016 against the defendant/petitioner in this case.