PRAFULLA SARMA Vs. DIBAKAR NATH

JUDGEMENT

(1.) Heard Shri R. Sarma, learned counsel for the petitioner, who has filed this petition under Article 227 of the Constitution of India read with Sec. 115 of the CPC.

(2.) The grievance of the petitioner is against a judgment and order dtd. 8/5/2023 passed in Misc. Appeal No. 05/2017 by the learned Civil Judge, Kamrup whereby the appeal filed under Order XLIII Rule 1(r) of the CPC has been dismissed and the order of the learned Trial Court passed in the injunction application has been affirmed.

(3.) The facts projected is that the petitioner, as plaintiff had instituted Title Suit No. 90/2015 before the learned Court of the Munsiff, Kamrup for declaration of right, title and interest, confirmation of possession and specific performance. Along with the said Suit, Misc. (J) Case No. 95/2015 under Order 39 Rule 1& 2 of the C.P.C. was filed for injunction. Though initially, and ad interim injunction in the form of status quo was passed, vide the order dtd. 11/8/2016, the said application has been rejected and the order of status quo has been vacated and against such rejection, the appeal was preferred before the learned Civil Judge, Kamrup which was registered as Misc Appeal No. 5/2017.