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2004 Supreme(Gau) 70

I.A.ANSARI
Suresh Kr. Dhanuka – Appellant
Versus
Kedar Nath Dhanuka – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: B.K. Das, J. Sarma and N.K. Chakraborty, Advs.
For Respondents/Defendant: A. Sattar and M. Kumari, Advs.

JUDGMENT

I.A. Ansari, J.

1. Challenging the legality of the order, dated 18.12.99, passed by the learned Civil Judge (Senior Divn.) No. 3, Kamrup, Guwahati, in Misc Appeal No. 5/99, which was directed against the order, dated 17.12.98, passed in Misc (J) Case No. 280/98, arising out of Title Suit No. 252/98, by the learned Civil Judge (Junior Divn.) No. 1, Guwahati, the Plaintiff-Petitioner has approached this Court with the present application for revision made under Section 115 read with 151 of Code of Civil Procedure.

2. Briefly stated, the facts leading to this revision are as follows:

An application, seeking interim injunction under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, was made by the Plaintiff in TS 252/98. The learned Civil Judge (Junior Divn.) No. l Guwahati, upon considering the objection raised by the Defendant and also upon hearing the learned Counsel for the parties, passed an order of injunction, on 17.12.98, directing the Plaintiff-Petitioner to take steps within 60 days along with the opposite party No. 1 for demolition of his half portion of the building "by cutting pillar-joists and his sides pillars". Aggrieved by this order, th
























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