NATIVE TREE DEVELOPERS PVT LTD Vs. SALIM KHAN

JUDGEMENT

(1.) Heard Mr. R.L. Yadav, learned counsel representing the petitioner as well as Mr. R.K. Bhuyan, learned counsel representing the respondents.

(2.) This is an application under Article 227 of the Constitution of India challenging the order dtd. 27/3/2023 passed by the learned Civil Judge No.2, Kamrup(M) in Misc. (J) Case No.115/2022 arising out of Title Suit No.353/2020.

(3.) The factual matrix giving rise to this petition lies within a very short campus. The respondent Md. Salim Khan and Md. Jahanuddin Ahmed purchased two plots of land attached to each other. Jahanuddin Ahmed handed over his portion of the land to the petitioner company for construction of a building. Salim Khan alleges that while the petitioner company was building a structure on the land of Jahanuddin Ahmed, encroached upon his land and started construction work of the building on his land.