REKHA BAROOAH Vs. JITENDRA KUMAR BARUAH

JUDGEMENT

(1.) THIS application under Article 227 of the Constitution of India, seeking issuance of a writ in the nature of certiorari and/or any other appropriate writ, order or direction has been filed in respect of the order dated 29.8.2011 passed by the learned Munsiff No. 2, Jorhat in Misc. (J) Case No. 27/2011 arising out of T.S. No. 24/2008, by which the prayer of the defendant in the suit to stay the proceeding in the suit has been rejected.

(2.) THE respondent herein as the plaintiff has instituted the Title Suit being T.S. No. 24/2008 against the petitioner as the defendant for recovery of khas and vacant possession of the suit room and also for recovery of arrear compensation of Rs. 48,000/-. In paragraph 4, 5 and 11, of the plaint, it has been stated thus:

(3.) THE learned Trial Court has dealt with the above application by the impugned order dated 29.8.2011. THE application i.e. Misc. (J) Case No. 27/2011 having been rejected by the impugned order dated 29.8.2011, the defendant/petitioner has filed the instant application under Article 227 of the Constitution of India praying for issuance of the abovementioned writ, order or direction.