MAKIBUR RAHMAN Vs. WAHIDUR RAHMAN

JUDGEMENT

(1.) Heard Mr S.A. Laskar, learned senior counsel assisted by Mr S.K. Deori for the petitioners and also heard Mr M.K. Choudhury, learned counsel assisted by Mr T. Islam for the respondents.

(2.) The judgment dated 2.8.02 passed by the District Judge, Darrang, Mangaldoi in Misc. Appeal No. 1 of 2002 thus setting aside the order of injunction dated 11.4.2002 passed by the learned Civil Judge (Senior Division) Darrang at Mangaldoi in Misc. (J) Case No. 24/2000 is the subject under challenge in this revision petition.

(3.) The facts of the case in a short compass are as foliows:- The plaintiffs, appellants herein instituted a suit being Title Suit No. 71/2000 before the trial Court as against the present respondents for a decree for right of pre-emption in respect of the suit land by contending inter-alia, that under the Mahamadian Laws the plaintiffs are entitled to pre-empt the property of the defendant No. 1. However defendant No.1 transferred the suit land/property under a registered sale deed dated 5.2.2002 to and in favour of the defendant No. 2 Shri Debojyoti Sarma thus depriving the plaintiff's right to pre-empt the property. The plaintiffs also sought for cancelling the related mutation order passed in favour of the defendant No. 2 by which the name of the defendant No. 2 has been duly mutated in Jamabandi in respect of the suit land on the basis of the said registered sale deed. While filing the said suit the plaintiffs also filed a petition under Order 39 CPC and on the basis of it the learned trial Court initially passed an ex-parte temporary injunction on 25.7.2000 in the connected Misc. (J) Case No. 24/2000 which was further made absolute by the subsequent order dated 11.4.2002. Being dissatisfied with the injunction order the defendant No. 2 preferred an appeal being Misc. Appeal No. 1 of 2002 and the first appellate Court upon hearing the parties, allowed the appeal thus setting aside the related injunction order. Being dissatisfied with the judgment dated 2.8.2002 passed by the first appellate Court these petitioners-plaintiffs filed this revision petition.