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2012 Supreme(Gau) 1193

T.VAIPHEI
Md. Wajid and Anr. – Appellant
Versus
Sk Md. Sadique and Ors. – Respondent


Advocates Appeared:
Mr. S. Sen , Mr. E. Nongbri for the petitioners.
Mr. S.S. Das for the respondents.

1. This revision under article 227 of the Constitution is directed against the order dated 7.6.2012 passed by the learned Assistant District Judge, Shillong in Title Suit No. 3(H) of 2007 under section (sic) of the Code of Civil Procedure, 1908 CCPC') staying the suit on the ground that the matter in issue therein is directly and substantially in issue in the previously instituted suit, namely. Title Suit No. 12(H) of 2007, which is pending before another civil court of competent of jurisdiction and of vacating the interim injunction passed in Misc. Case No. 4(H) of 2007 arising out of that suit.

2. Title Suit No. 12(H) of 2007 was instituted by the petitioners/ plaintiffs ('the plaintiffs') before the learned Munsiff/Shillong for declaration of their right, title and interest in the suit land situated at' Holding No. 13 JB located at Jhalupara Cantonment, Shillong. According to the petitioners/plaintiffs ('the plaintiffs'), they together with the defendant No. I/the respondent No. 1 herein (Shri S.K. Md. Sadique), have been jointly holding the suit land under lease from the Cantonment Board, Shillong since 1932, and the lease was renewed on 1.2.1995 in their joint names. They have





































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