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2019 Supreme(Gau) 726

SUMAN SHYAM
Kaushik Barua – Appellant
Versus
Pallavi Barua – Respondent


Advocates Appeared:
B.D. Deka, Advocate, D. Choudhury, Advocate.

JUDGMENT :

Suman Shyam, J.

Heard Mr. B.D. Deka, learned counsel appearing for the appellant/applicant. I have also heard Mr. A. Sharma, learned counsel representing the respondent no. 1. Mr. T.J. Mahanta, learned senior counsel assisted by Mr. R. Chakraborty, learned counsel has appeared for the respondent no. 2.

2. This appeal, filed under Order XLIII Rule 1(r) of the Civil Procedure Code, is directed against the order dated 13/05/2019 passed by the learned Civil Judge No.1, Kamrup (M) at Guwahati in Misc. (J) Case No. 343/2019 arising out of Title Suit No. 181/2019, rejecting the prayer made by the appellant for issuance of an order of ad-interim injunction, inter-alia retraining the respondent no. 2 from acting in breach of the conditions contained in Lease Deed No.13602/2016. The appellant has also filed a separate application, numbered and registered as IA(C) No. 1796/2019, praying for an order of temporary injunction from this Court.

3. The facts necessary for disposal of the appeal are these :-

    (a) Late Pankaj Dhar Barua i.e. the predecessor-in-interest of the appellant no.1 was the sole proprietor of two firms viz. M/s. Frontier Engineering and Motor Works and M/s Frontier Engin

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