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2021 Supreme(Gau) 100

KALYAN RAI SURANA
Dipak Chandra Ruhi Das – Appellant
Versus
Pradip Kumar Sarkar – Respondent


Advocates Appeared:
M.U. Mahmud, Advocate, S. Sarma, Advocate, G. Bordoloi, Advocate, M. Nath, Advocate, D. Baruah, Advocate

JUDGMENT

Kalyan Rai Surana, J. - Heard Mr. M.U. Mahmud, learned counsel for the petitioner. Also heard Mr. S. Sarma, learned counsel for the respondent nos.1 to 3, Mr. G. Bordoloi, learned Govt. Appearing for respondent nos.5 and 10 to 14, Mr. M. Nath, learned standing counsel for respondent no.8 and Mr. D. Baruah, learned standing counsel for respondent no.6.

2. By this application filed under Article 227 of the Constriction of India, the petitioner has assailed the order dated 22.02.2021 passed by the learned District Judge, Bongaigaon in Misc.(J) Case No.6/2021 in Misc. Appeal No.1/2021. By the said order, the order dated 01.02.2021 passed by the learned Civil Judge Bongaigaon in Misc.(J) Case No.6/2021 in T.S.3/2021, thereby granting ex parte ad interim injunction, was stayed till further orders.

3. At the outset, the learned counsel for the respondent nos. 1, 2 and 3 has questioned the maintainability of this application filed under Article 227 of the Constitution of India on the ground that the statutory remedy available to assail the first appellate order in the matter of injunction would be by invoking revisional jurisdiction under Section 115 CPC. However, it is seen that Cou

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