MAHMODUR RAHMAN CHOUDHURY Vs. NOOR UDDIN CHOUDHURY

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution challenging the order dtd. 24/2/2022 passed in Misc. Appeal No.6/2021 whereby the learned First Appellate Court i.e. the Court of the learned Civil Judge, Hailakandi had set aside the order of injunction dtd. 28/10/2021 passed by the learned Trial Court i.e. the Court of the Munsiff No.2, Hailakandi.

(2.) From the materials on record, it reveals that it is the case of the Petitioners herein who were the plaintiffs that they were in possession of various plots of land as described in Schedule to the plaint. On 10/12/2020, the Defendants forcefully dispossessed the Plaintiffs and therefore on 4/1/2021, the suit was filed under Sec. 6 of the Specific Relief Act, 1963 (for short "the Act of 1963") for recovery of possession. In the said suit which was registered and numbered as Title Suit No.06/2021, an injunction application was filed seeking injunction to a limited extent that the Defendants should not change the nature and feature of the suit. The said application seeking injunction was registered and numbered as Misc.(J) Case No.05/2021.

(3.) The learned Trial Court after hearing the other side and also taking into account the written objection, granted the injunction vide an order dtd. 28/10/2021 to the effect that the Defendants were restrained from changing the nature and feature of the suit land till the disposal of the suit.