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2015 Supreme(SC) 69

J.CHELAMESWAR, ROHINTON FALI NARIMAN
Shri Westarly Dkhar – Appellant
Versus
Shri Sehekaya Lyngdoh – Respondent


JUDGMENT

R.F.Nariman, J.

Special leave granted.

2. The instant appeal by way of a Special Leave to Appeal has been filed against the judgment and final order dated April 27, 2012 passed by the High Court of Gauhati, Shillong Bench at Shillong in Civil Revision Petition No. 18 (SH) of 2010 filed by the Respondent.

3. The appeal arises out of an ex-parte ad-interim injunction passed by the Subordinate District Council Court in a suit instituted by the Respondent, which is registered as Title Suit No. 16 of 2009. On 30th September, 2009, an ad-interim ex-parte injunction was granted by the Subordinate District Council Court, in the following terms:

"On careful perusal of the same, I am satisfied that there is an urgency in the matter for restraining the opposite parties from entering into the suit land.

I am also satisfied that the petitioner shall suffer irreparable loss and injury if the ad-interim injunction is not granted as it can be evaluated from the materials available on the record, without giving into the merits of the case, hence the ad-interim injunction is granted as prayed for.

Therefore, the ad-interim injunction is granted to the petitioner whereby the opposite parties No.1-4




























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