ALAUDDIN MAZUMDAR Vs. SAMSUN NESSA MAZUMDAR

JUDGEMENT

(1.) Heard Mr. M. H. Rahbarbhuiya, learned counsel appearing for the petitioners and Ms. R. Choudhury, learned counsel appearing on behalf of the respondents.

(2.) This is an application under Article 227 of the Constitution of India challenging the judgment and order dtd. 3/10/2019 passed in Misc. Appeal No.4/2018 by the learned Civil Judge, Hailakandi whereby the order of injunction passed by the learned Munsiff, Hailakandi in favour of the plaintiffs/respondents herein by the order dtd. 15/5/2018 in Misc. Case No.85/2017 arising out of Title Suit No.55/2017 was upheld.

(3.) The brief facts of the instant case is that the respondents, who are the plaintiffs, had filed the suit which was registered and numbered as Title Suit No.55/2017 whereby the plaintiffs had sought for declaration of their right, title, interest and confirmation of possession of over the suit land as well as permanent injunction restraining the defendants, who are the petitioners herein, from causing any interference/disturbance /threat etc. to the plaintiffs. Along with the said suit an injunction application was also filed which was registered and numbered as Misc. Case No.85/2017 whereby an ad-interim temporary injunction was sought for to restrain the defendants/Ops from threatening to dispossess the plaintiffs by force, alienating the suit land to anybody else or change the nature and feature of the suit land till disposal of the main suit. It is the specific contention of the plaintiffs in the said suit that the plaintiffs are in possession of the suit land since 1975 by right of purchase.