LAWS(GAU)-2025-5-6

PRANAB RANJAN BHUIYA Vs. ASHIT RANJAN BHUIYA

Decided On May 30, 2025
Pranab Ranjan Bhuiya Appellant
V/S
Ashit Ranjan Bhuiya Respondents

JUDGEMENT

(1.) Heard Mr. Bhaskar Dutta, the learned senior counsel assisted by Mr. S Deka, the learned counsel appearing on behalf of the appellants. Also heard Mr. DK Mishra, the learned Senior Counsel assisted by Mr. B Prasad, the learned counsel appearing on behalf of the respondent.

(2.) This is an appeal under Sec. 104 read with Order XLI, Rule 1(r) of the Code of Civil Procedure 1908 (for short, 'the Code') challenging the order dtd. 9/1/2025 passed in Misc.(J) Case No.280/2024 arising out of Title Suit No.177/2024 by the Court of the learned Civil Judge, (Senior Division) No.1, Cachar at Silchar (for short, 'the learned Trial Court') whereby the Appellants herein have been restrained from alienating the title or transferring the possession of the Schedule -A property i.e. 60% of the share of the Appellants to any third party or from changing the nature and feature of the same, till the disposal of the main suit.

(3.) For the sake of convenience, the Appellants herein are referred to as the Principal Defendants and the respondent is referred to as the plaintiff as were their status before the learned Trial Court.