DEVASHIS BARUAH
Kamakhya Mishra @ Kamakhya Michir, S/o. Late Ramkishun Michir @ Ramkishun Mishra – Appellant
Versus
Ram Avatar Bhar, S/o. Late Hariprasad Bhar – Respondent
JUDGMENT :
Heard Mr. B. Pushilal, learned counsel appearing for the petitioners and Mr. P.K. Roy, learned counsel appearing on behalf of the respondents.
2. This is an application under Article 227 of the Constitution of India challenging the judgment and order dated 26.04.2018 in Misc. Appeal No.22/2017 by the Court of the Civil Judge, Karimganj, whereby the order of injunction directing maintenance of status quo passed by the Munsiff No.1, Karimganj on 07.12.2017 in Misc. Case No.108/2017 arising out of Title Suit No.132/2017 was interfered with on the ground that the suit was not maintainable in view of the provisions of Order XXI Rule 101 and consequently the plaintiffs did not have a prima-facie case for grant of an injunction either in the way of status quo or otherwise.
3. The instant proceedings raises a very important question of law as to whether a suit is maintainable seeking right, title, interest and permanent injunction in respect to a judgment and decree having been passed pertaining to an immovable property whereby the right, title and interest, confirmation of possession and permanent injunction has been issued. The question of law assumes importance in view of the am
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