NARAYAN BARMAN Vs. SMTI. AMALA BARMAN

JUDGEMENT

(1.) Heard Mr. K. Sarma, learned counsel appearing for the petitioner and Mr. SK Ghosh, learned counsel appearing for the sole respondent.

(2.) By this application under Art. 227 of the Constitution of India the petitioner-defendant Sri Narayan Barman has put to challenge the order dated 31.3.2011 of the learned Civil Judge, Kokrajhar in Misc Appeal No. 4 of 2010 setting aside the order dated 11.11.2010 passed in Misc (J) Case No. 34 of 2010 in TS No. 22 of 2010 by the learned Munsiff No. l, Kokrajhar. The grievance is in respect of granting ad-interim temporary injunction till disposal of the suit filed by the respondent-plaintiff Smti Amala Barman.

(3.) The subject matter of the Title Suit No. 22 of 2010 instituted by Smti Amala Barman involves a parcel of homestead land measuring 2 (two) bighas 3 (three) kathas and 12 (twelve) lechas covered by Dag No. 202 (old)/416 (new) of Patta No. 70 within Schedule C land of the plaint. The respondent-plaintiff alleges that the said parcel of land has been fraudulently included in the Deed of Gift by the petitioner-defendant who is the foster son of the respondent-plaintiff. It is the case of the respondent-plaintiff that institution of the suit was occasioned as the petitioner-defendant was trying to sell the homestead land, as above, and started to collect advance money form proposed purchasers since 20.8.2010. The prayers in the suit, registered and numbered as TS No. 22 of 2010, are as follows;