BIBHU CHARAN BARPU Vs. NANIGOPAL DEVA GOSWAMI

JUDGEMENT

(1.) Heard Mr. K.N. Choudhury, learned Senior counsel for the appellant and Mr. A. Sarma, learned counsel for the sole respondent.

(2.) In this appeal, the impugned order dated 31.5.2005 passed in Misc. Case No. 22/ 2005 arising out of Title Suit No. 43/2004 by the learned Civil Judge (Sr. Division), Jorhat refusing to grant temporary injunction as prayed fo by the appellant is challenged.

(3.) The appellant as plaintiff has filed the TS No. 43/2004 for recovery of possession of the suit property which is a Tea Garden, namely, Jogibheta T.E. in the district of Jorhat under Section 6 of the Specific Relief Act, 1963 alleging his dispossession by the respondent without taking recourse to law. The said suit was filed on 19.8.05 and is pending for adjudication before the learned trial court. During the course of the proceeding, the appellant noticing certain subsequent developments, filed an application under order 39, Rules 1 and 2, read with Section 151 of the CPC praying for granting temporary injunction restraining the respondent/defendant from entering into any agreement relating to the suit property or from taking any financial assistance or to deliver the possession of the said garden to any third party and from entering into any agreement with any party for sale of the garden leaves and take financial assistance thereon till disposal ofthe suit.