ROMESH KHARKONGOR Vs. CHRISTOPHER WELL THANKIEW

JUDGEMENT

(1.) The Title Suit No. 15(T) of 2005 along with Misc. Case No. 52 (T) of 2005 was filed by the present respondent No. 1 for declaration and permanent injunction restraining the present petitioners claiming that the suit land was purchased by the respondents/plaintiffs from one Smti. Bindu Lama, proforma defendant No. 5 by executing the registered deed on 3.2.2005. The present petitioners contested the suit as defendants. Subsequently, present respondent No. 1/plaintiff filed the petition No. 33 of 2006 on 18/4/2006 for withdrawal of the suit and the Misc. Case with liberty to file a fresh suit by aforesaid Smti. Bindu Lama as she had come back from Kathmandu, Nepal to Shillong and she is now capable of filing the case by herself against the present petitioners. The said petition was allowed by the learned Court of Assistant to D.C., Shillong by an order dated 18/4/2006. This order, according to the present petitioners, was passed without issuing any notice to them and by manipulating the records of the case and changing the dates by rubbing with white fluid and with malafide and ulterior motive. The said Smti. Bindu Lama, in terms of the impugned order dated 18/4/2006, filed a fresh suit which was registered as Ejectment Suit No. 31(3) of 2006 in which the learned Assistant to D.C. vide an order dated 7/7/2006 granted ad-interim injunction exparte restraining the present petitioners from carrying on any activities within the suit land such as construction/erection of any structures, cutting and cleaning of pigs etc.

(2.) Aggrieved by both these orders, the petitioners have approached this Court for quashing the same.

(3.) Heard Mr. V. K. Jindal, learned senior counsel assistant by Mr. L. Lyngdoh, learned counsel appearing for the petitioners. None appears for the respondents.