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2010 Supreme(Gau) 735

H.BARUAH
Kshitish Nandi – Appellant
Versus
Manada Dhar & Ors. – Respondent


Advocates Appeared:
Advocate appeared for the Petitioner:Mr.K.N.Bhattacharjee, Advocates appeared for the Respondents: Mr.A.M.Lodh & Mr.A.Lodh

H.Baruah,J.:-

In this revision order dated 28.7.2010 passed by Additional District Judge, North Tripura, Dharmanagar in Civil Misc. Appeal No. 2 of 2010 has been assailed, whereby and whereunder the order dated 31.5.2010 passed in Misc. Case No. 15 of 2010 by the Civil Judge, Jr. Division, North Tripura, Dharmanagar has been upheld. By order dated 31.5.2010 Civil Judge, Jr. Division, Dharmanagar, North Tripura refused to grant temporary injunction in favour of the petitioner herein preferred under Order 39 Rule 1 & 2 of the Civil Procedure Code (for short CPC).

2. The factual matrix in a short campus can be stated as under:

The predecessors-in-interest of the respondents herein as plaintiffs instituted Title Suit No. 10 of 1979 in the Court of Sub-Judge, Dharmanagar to obtain a decree for recovery of possession of the suit land described in the plaint. The trial Court after due trial decreed the suit in favour of the predecessors-in-interest of the respondents. Being aggrieved, the judgment debtor preferred an appeal and on dismissal of the said appeal, the judgment debtor approached the High Court by filing a Second Appeal which too resulted dismissal. Since no SLP had been filed bef




































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