JOYRAM DUTTA Vs. PADMESWAR DUTTA

JUDGEMENT

(1.) THIS revision is directed against the Judgment and order dated 14.10.85 passed by the Asstt. District Judge, Lakhimpur. North Lakhimpur in Misc. Appeal No. 3 of 1984 dismissing the appeal and affirming the Judgment and order dated 2.2.84 passed by the Munsiff, North Lakhimpur in Misc. Case No. 33/80.

(2.) THE opposite party as Plaintiff filed a Suit (T.S. No. 41/79) in the court of Munsiff, North Lakhimpur against the Petitioner and 13 others for declaration of his right, title and interest and for recovery of possession and for permanent injunction. Along with the plaint, he also filed an application under Order 39 Rule 1 and 2 of the Code of Civil Procedure praying for temporary injunction restraining the Defendants from entering into the land. Ex -parte temporary injunction was granted by the Munsiff. The Petitioner -first Defendant appeared in the suit and filed his objection. After hearing the parties, the order of injunction granted earlier was vacated by the Munsiff by his order dated 13.10.79. Before the disposal of the injunction petition the opposite party filed another application under Order 39 Rule 2(A) alleging that the Petitioner violated the Order of injunction granted on 7.2.80 and prayed for passing necessary order.

(3.) THE Petitioner filed an appeal (Misc. Appeal No. 3/84) in the court of the Asstt. District Judge North Lakhimpur. The Asstt. District Judge also by his order dated 14.10.85 dismissed the appeal affirming the order dated 29.9.82 passed by the Munsiff, Hence this petition.