RAMA RANI DAS Vs. RAKHI SEN

JUDGEMENT

(1.) Heard Ms. M. Hore, learned counsel for the appellant. Also heard Mr. P. Deka, learned counsel for the respondents No.1 and 2.

(2.) This is an appeal against the order dated 24.09.2012 of the Civil Judge, Tinsukia in Misc(J) 43/2012 arising out of TS No.43/2012. T.S. 43/2012 was instituted by the respondents No.1 and 2 being two of the daughters of the appellant, Rama Rani Das claiming right, title and interest over 2 share of the suit land on the basis of certain partition that took place within the family which also resulted in a registered will of the year 2009. According to the plaintiff respondent No. 1 and 2, the respondent No.4 being another daughter of appellant Rama Rani Das and her husband are taking steps for selling of the suit land to the respondent No.3 Prabir Dutta and in apprehension of such sale being effected, the suit land had been preferred for restraining them from proceeding with the sale of the suit land.

(3.) In the title suit, an injunction proceeding was also initiated resulting in Misc(j) Case No.43/12. By the order dated 24.09.2012 in Misc(J) 43/2012 a restrain order was passed by requiring the parties to maintain the status quo. The effect of the restrain order would be that the respondent No.4 would remain prohibited from selling of the suit land to the respondent No.3.