The Provisions of Order XXXIX Rule 7 of the Code of Civil Procedure, the parties are at liberty to file an appropriate application before the court to inspect which party owns the suit land held by the Hon’ble Gauhati High Court before the HONOURABLE MR. JUSTICE DEVASHIS BARUAH in the matter of Alauddin Mazumdar and Ors V. Musstt. Samsu Nessa Mazumdar and Ors. [CRP (10)/12/2020]
The background of the case arises from Plaintiff having sought a declaration of Right, title, interest and confirmation of possession over the suit land as well as Permanent Injunction restraining the defendant, who was causing interference, disturbance and threat to the plaintiffs. An Ad-interim temporary injunction was sought to restrain the defendant from threatening to dispossess the plaintiff by force, alienating the suit land to anybody else or changing the nature and feature of the suit land till disposal of the main suit.
The court has set aside an order of Injunction and directed the parties should maintain Status-quo because both parties are claiming to own the suit land, it would not be proper to restrain the Ops from entering into the suit land if at all they are in Possession.
The court passed a Miscellaneous Appeal challenge before the Court under Article 227 of the Constitution of India. The court after hearing the parties set aside the order and the matters back to the Appellate court for Appropriate Adjudication and determine the Prime-Facie case made by either of the parties and after considering the balance of convenience and irreparable loss that may be suffered and appropriately adjudicate the appeal.
The Hon’ble Court held that the “The Petitioners have claimed ownership over the suit land based on a registered deed of sale and have alleged that the defendant is threatening to dispossess the plaintiffs from the said suit land. The report should not take into consideration as the sole basis for granting of the injunction so the court has the power under the Order XXXIX Rule 7 of the CPC to look into the said aspect of the matter”. Further submitted that the injunction order is continued in the manner which has been done by the trial court.
Judgement Reviewed by- Kaviya S