HEMENDRA BHUYAN Vs. BAPUJEE COLLEGE

JUDGEMENT

(1.) Heard Mr. S. Dutta, learned counsel for the appellants. Also heard Mr. B. D. Deka, learned for the respondent No.1 and Mr. K. K. Bhattacharyya, learned Government Advocate representing the respondent Nos.2 and 3.

(2.) This appeal is filed under Order 43 Rule 1(r) read with Sec. 151 of the Civil Procedure Code, 1908 against the order dtd. 8/8/2022 passed by the learned Civil Judge, Barpeta in Misc.(J) Case No.56/2022, whereby the prayer for interim injunction was rejected.

(3.) The brief facts leading to the filing of the present petition is that the appellant Nos. 1 and 2 are residence of Barashala Village and have the representative capacity as per Order 1 Rule 8 of the Civil Procedure Code, 1908, who preferred a Title Suit inter alia with a prayer for grant of Decree declaring that the appellants have the Right, Title and Interest over a plot of land, i.e. 40 Bighas covered by Dag No.230 of Patta No.82 in revenue village, Barashola Bilor Pathar, under Saruketri Mouza in the District of Barpeta along with a prayer for decree of permanent injunction against the respondent, which was registered as T.S. No.27/2022. Along with the said Title Suit, the appellant had also preferred an application under Order 39 Rule 1 and 2 with a prayer for ad-interim injunction restraining the respondents from selling, gifting, alienating and from encumbering in any manner in the aforesaid plot of land, and the said application was registered as Misc.(J)Case No.56/2022.