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2023 Supreme(Gau) 681

SANJAY KUMAR MEDHI
Purnima Malakar W/o Lt. Govinda Malakar – Appellant
Versus
Rita Malakar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri B. D. Deka, Advocate.
For the Respondents:Shri G. Choudhury, Advocate,

JUDGMENT :

Heard Shri B. D. Deka, learned counsel for the petitioners. Also heard Shri G. Choudhury, learned counsel for the respondent.

2. Considering the facts and circumstances of the case and since the contesting parties are represented, this Court is of the view that instead of keeping this petition pending, the same is required to be disposed of which is being done today.

3. The petitioners are the plaintiffs in the suit which has been filed for declaration of right, title, interest and partition.

4. It is the case of the petitioners, as submitted by Shri Deka, learned counsel that along with the suit numbered as Title Suit No. 28/2021, Misc (J) Case No. 28/2021 was filed under Order XXXIX Rule 1 & 2 of CPC for injunction and on 01.03.2021, the learned Munsiff, Amingaon, Kamrup had passed of an order of ad-interim injunction. The matter was thereafter taken up for consideration and after hearing the parties on 22.03.2022, the learned Trial Court had passed an order confirming the injunction and has directed the defendants not to change the nature of the schedule property till the disposal of the suit or until further orders. The said order of injunction dated 22.03.2022 was the s

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