PABITRA BORO Vs. BALIN SAIKIA

JUDGEMENT

(1.) Heard Mr. R Rabha, learned counsel for the appellant. Also heard Mr. D A Kaiyum, learned counsel for the respondents.

(2.) The present appeal under Order 43 Rule 1 (r) of the Code of Civil Procedure is filed against the order dtd. 27/4/2021 passed in Misc (J) case No. 111/2020 arising out of TS No. 103/2020.

(3.) The appellant as plaintiff instituted a suit being TS No. 103/2020 against the respondents as defendants for specific performance of contract and for injunction. Along with the said suit, the appellant preferred an application under Order 39 Rule 1 and 2 read with Sec. 151 of the CPC to restrain the respondents / defendants from transferring/ alienating as well as changing the nature and character of the schedule B suit land, which was the subject matter of the contract of which the plaintiff /appellant seeks specific performance. The said case was registered as Misc (J) Case No. 111/2021.