SUDARSHAN SHARMA Vs. RAJA PAUL

JUDGEMENT

(1.) Heard Mr. S. Deb, learned Sr. counsel assisted by Mr. S. Bhattacharjee, learned counsel appearing for the appellant. Also heard Mr. K.N. Bhattacharjee, learned Sr. counsel assisted by Mr. D. Debbarma, learned counsel, appearing for the respondents.

(2.) This is an appeal filed under Order XLIII, Rule 1 of the Civil Procedure Code, 1908, challenging the order dated 17.03.2020 passed by the learned Civil Judge, Sr. Division, in case No.Civil Misc.(Vio) 26 of 2018 arising out of Civil Misc. 46 of 2017 in connection with Title Suit No.15 of 2016, titled as Shri Sudarshan Sharma, petitioner v. Shri Raja Paul and Bijoy Kumar Paul, opposite party-respondents.

(3.) Briefly stated, the appellant here-in as plaintiff instituted a suit for declaration of his right to use the pathway described in Schedule-B of the plaint. Along with this declaratory suit the appellant also had filed an application under Order XXXIX, Rules 1 and 2 of CPC. The learned trial court after hearing the petition for injunction under Order XXXIX, Rules 1 and 2 passed an order granting temporary mandatory injunction meaning thereby the structure erected on the pathway obstructing free egress and ingress of the plaintiff over the suit pathway has to be removed or demolished. Being aggrieved of that order, the opposite parties had preferred appeal under Order XLIII, Rule 1(r) of CPC before the court of learned District Judge, North Tripura, Dharmanagar. Learned District Judge also confirmed the order passed by the learned trial court granting temporary mandatory injunction demolishing structures erected on the pathway obstructing free egress and ingress of the plaintiff.