ICICI BANK LTD Vs. SASWATI DAS

JUDGEMENT

(1.) Heard Mr. M Sharma, the learned counsel for the petitioner. And Mr. T Deuri, the learned counsel appearing on behalf of the respondent No.1

(2.) This is an application under Sec. 115 of the Code of Civil Procedure challenging the impugned order dtd. 12/4/2018 passed in Misc. (J) Case No. 208/2018 as well as Misc. (J) Case No. 193/2018 both arising out of Title Suit No. 97/2018 pending before the court of the learned Civil Judge No. 2, Kamrup (Metro) at Guwahati.

(3.) Before further proceeding with the instant matter, it would be relevant to point out that the Misc. J Case No. 193/2018 arising out of Title Suit No. 97/2018 is a proceeding under Order XXXIX Rule 1 and 2 filed by plaintiff/the respondent No. 1 in the suit seeking temporary injunction and the trial court vide order dtd. 12/4/2018 has directed both the parties to the suit to maintain status quo in respect of A schedule land described in the petition till the disposal of Title Suit No. 97/2018. The fate of the said challenge would be dependent upon the outcome of the challenge to the rejection of the application for rejection of the plaint.