SUREN CH MIKIR Vs. JEUTI PRABHA ROY

JUDGEMENT

(1.) THE opposite-party herein instituted, Title Suit No. 87/2009, seeking relief, inter alia, of declaration of her rights, title and interest over the suit land, confirmation of her possession over the same and also permanent injunction restraining the present petitioners, as defen-dants in the said suit, their men, agents, etc. from disturbing peaceful possession of the plaintiff over the suit land and/or alienating the suit land. THE plaint was also accompanied by an application made under Order 39 Rule I read with Section 151 of the CPC, wherein a prayer was made for granting interim injunction restraining the defendants, their men, agents, etc. from disturbing peaceful possession or, in any way, making attempt to alienate the suit land. This application gave rise to Misc. Case No. 111 /2009; whereupon an interim order was made, on 02.03.2009; by the learned Munsiff No. 1 Kamrup, Guwahati, in Misc. Case No. 111/2009, dir-ecting the parties to the suit to maintain status quo as on the date of passing of the said int-erim order. This order was made absolute by yet another order passed on 04.01.201l.

(2.) ALLEGING to the effect, inter alia, that having obtained the order, directing the parties to maintain status quo, the plaintiff had dumped earth and sand on the suit land and had been levelling the suit land, two petitions were filed by the present petitioners, as defendants, in the said suit. One of these appli-cations was made seeking punishment of the plaintiff for disobedience of the injunction order, whereby the learned trial Court had directed the parties to maintain status quo; the other petition was made seeking appoint-ment of an Advocate Commissioner to rnake investigation into the matter so that the real state of affais over the suit land can be correctly gathered by the Court. These applications were also supported by some photographs of the suit land. The application, seeking, appointment of Advocate Commis-sioner, gave rise to Misc Case No. 171/2011.

(3.) WHILE considering the present petition, the statements, made by the plaintiffs, in paragraphs 3 and 6 of the plaint (Title Suit No. 87/2009) may be taken note of paragraphs 3 and 6 read as under: