LOKHESWAR LIKHOK Vs. UNION OF INDIA

JUDGEMENT

(1.) The matter was taken up for motion on 6.6.2003, Mr. K.K. Mahanta, learned counsel appeared for the petitioners and Mr. P. Roy, learned Government Advocate appeared for the State Respondent.

(2.) The petition has been filed for quashing/ setting aside the order dated 2.4.2003 passed by the Civil Judge (Junior Division) No. 1, Jorhat, in Misc.(J) Case No. 83/2002 arising out of Title Suit No. 80/2002.

(3.) The private respondents filed the Title Suit No. 80/2002 along with the above miscellaneous application under Order 39 Rule 1 and 2 read with Section 151 of the Code of Civil Procedure praying for temporary injunction restraining the official respondents from proceeding with the construction of Chengaligaon Kolakhowa Road. The learned Civil Judge (Junior Division) by the order dated 4.1.2003 issued ad-interim injunction and by the impugned order made the order of injunction absolute. Aggrieved thereby, the petitioners have filed this petition under Articles 226, 227 and 228 of the Constitution, Mr. P. Roy, learned State Counsel raised objection on the ground that the petition is not maintainable as remedies by way of appeal/revision is available under the Code of Civil Procedure.