MAHAMMAD ALI Vs. MOJIBAR RAHMAN

JUDGEMENT

(1.) This is an application filed under Sec. 227 of the Constitution challenging the order dtd. 19/9/2023 passed in Misc. Appeal No.09/2022 whereby the learned First Appellate Court set aside the injunction so granted by the learned Trial Court in its order dtd. 23/8/2022 passed in Misc.(J) Case No.73/2022 arising out of Title Suit No.64/2022.

(2.) I have heard Mrs. R. Choudhury, the learned counsel appearing on behalf of the petitioners and Mr. A. Alam, the learned counsel appearing on behalf of the private respondents as well as Mr. T. R. Gogoi, the learned counsel appearing on behalf of the State respondents.

(3.) The question which arises is that whether the learned First Appellate Court had exercised the jurisdiction not conferred upon it by law or had exercise its jurisdiction illegally and with material irregularity. For deciding the said aspect of the matter this Court briefly would like to take note of the facts leading to the filing of the instant proceedings.