RAJDEEP DAS Vs. TANMAYA PANDA

JUDGEMENT

(1.) Heard Mr.Bhuyan, learned counsel for the petitioner and Mr.S.Palit, learned Senior Counsel being assisted by Mr.A.Parija, learned counsel for the caveator-opposite parties.

(2.) This Civil Miscellaneous Petition involves a suit for temporary injunction restraining the opposite parties and their agents from changing the nature and character of the suit premises and further be restrained from dispossessing/ evicting the petitioner from the suit premises until disposal of the suit. Application under Order 39, rule 1 and 2 of the Code of Civil Procedure at the instance of the plaintiff having been allowed with grant of status quo order by the trial court, appeal preferred and the appellate court after hearing the parties involved in disposal of F.A.O. 12 of 2022 vide impugned order has come to reverse the order of the trial court.

(3.) In course of hearing, Mr.Bhuyan, learned counsel for the plaintiff made it clear that there is no dispute at all in the status of the plaintiff-tenant and opposite parties being owner. The only dispute involving the suit remains there is an attempt of the owner to dispossess/evicting the plaintiff from the disputed premises not only in contravention of the conditions of the agreement between the parties but also without following due process of law.