MUHIBUR RAHMAN Vs. JUNU BEGUM CHOUDHURY

JUDGEMENT

(1.) Heard Mr. M.H. Rajbarbhuiyan, learned counsel for the petitioner and Ms. R. Chou-dhury, learned counsel for the respondents.

(2.) This petition under Art. 227 of the Constitution of India is filed assailing the order dtd. 30.08.2018 passed in Misc. Appeal no.9/2018 by the Court of the Civil Judge, Karimganj thereby confirming the order dtd. 07.05.2018 passed by the Munsiff No.2, Karimganj in Misc.(J) Case No.333/2017 arising out of Title Suit No.215/2017 whereby the Trial Court issued an injunction directing both the parties to the suit restraining them from indulging in any act of alienation or transfer of any portion of the land appertaining to new Dag No.1728 of Patta No.1209 under Mouza-Karimganj Town-Part-3 Block No.2 Pargonah- Kushiarkul till the disposal of the suit.

(3.) The case of the petitioners is that the respondent nos.1, 2 and 3 had instituted a Title Suit being Title Suit No.215/2017 seeking inter alia for declaration that the respondent no.1 is the owner of the suit land; for declaration that the judgment and decree dtd. 06.09.2010 passed in Title Suit No.98/2002 was fraudulently passed; for perpetual injunction restraining the defendant nos.4 and 5 (petitioners herein) from alienating, selling, transferring the suit land etc. For the purpose of adjudication of the instant application, it is necessary to take note of what constitutes the suit land. The said suit land has been described in the Schedule to the plaint and for convenience sake the same is quoted hereinbelow :