JAHANGIR ALOM SIKDAR Vs. SHAHJAHAN SIKDAR

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution challenging the order dtd. 27/3/2024 passed by the Court of the Additional District Judge, Goalpara in Misc. Appeal No.06/2023 whereby the learned First Appellate Court had set aside the order of temporary injunction dtd. 21/8/2023 passed by the learned Civil Judge (Senior Division), Goalpara in Misc.(J) Case No.29/2023 arising out of Title Suit No.34/2023.

(2.) For the purpose of deciding as to whether the learned First Appellate Court was within it jurisdiction to interfere with the order passed by the learned Trial Court, this Court would like to take note of the brief facts which led to the filing of the instant proceedings.

(3.) The petitioner herein as plaintiff had instituted a suit claiming inter-alia that a plot of land measuring 2 kathas 8 lechas originally belonged to the father of both the plaintiff as well as the defendant No.1. Upon the death of their father, it was mutually agreed that the brothers, i.e. the plaintiff and the defendant No.1 would claim right in respect to 1 katha 1 lecha of land each and the remaining land which is around 6 lechas would be a suit path. This suit path has been specifically described in Schedule-C to the plaint.