SRI MANZOOR ALAM Vs. ILA PATHAK

JUDGEMENT

(1.) Heard Mr. Y.S. Mannan, the learned counsel for the appellant. Also heard Mr. P.K. Kalita, the learned senior counsel, assisted by Mr. N. Das, the learned counsel for the respondents No.1, 2 and 3 and Mr. C.K.S. Barua, the learned Govt. Advocate, appearing for respondent No.4.

(2.) This appeal under Order XLIII read with section 104 CPC has been filed to challenge the order dated 16.02.2016, passed by the learned Civil Judge, Dibrugarh in Misc. (J) Case No. 86/2015 in Title Suit No. 99/2015, by which the said learned Court had held, inter-alia, that the suit filed by the respondents No.1, 2 and 3 was maintainable, and the further extension of the order of status quo dated 22.12.2015 was allowed till further orders.

(3.) The case in brief, necessary for the purpose of this order is that the respondents No.1, 2 and 3 are the plaintiffs in the suit. The appellant and the respondent No.4 are arrayed as the defendant Nos.1 and 3 in the suit. In the plaint, it was projected that the brother of the appellant's father was the owner of ground floor of the building in question, having 6 (six) commercial tenants. Out of the said tenants, the respondents No.1, 2 and 3 are 3 (three) tenants, who purchased the shops together his proportionate share in the land from out of the share of the said brother of the appellant's father. Accordingly, the names of the respondents No.1, 2 and 3 were mutated in respect of their purchased property.