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1991 Supreme(Gau) 105

B.P.SARAF
Nawab Burul Islam and Others – Appellant
Versus
Khagaru Sekh and Others – Respondent


Advocates Appeared:
A.Das, B.K.Goswami, M.A.Laskar, P.K.Baruah, Sk.Noor

This is an appeal of the plaintiff whose suit for mandatory injunction was decreed by the trial Court and, on appeal by the defendants, dismissed by the first appellate Court.

2. The facts that have given rise to this appeal are as follows : The appellants filed a suit in the Court of the Munsiff at Mangoldai for mandatory injunction against the defendants. The case of the plaintiff was that they had earlier filed a title suit against the defendants for recovery of khas possession of the suit land and for perpetual injunction which was numbered as Title Suit No. 12/70. The said suit was decreed in their favour on 14.8.70. The first appeal of the defendants as well as second appeal before the High Court were both rejected and the judgment and decree of the trial Court were affirmed. Thereafter, the decree was executed in Title Execution Case No. 13 of 1972 and khas possession of the suit land was delivered to the plaintiffs, who were minor at the relevant time, through their guardian. An order to that effect was passed on 30.11.72. The order of perpetual injunction was also duly served on the defendants and an order was also passed in the title execution case on 29.1.73 recording the
























































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