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2022 Supreme(Gau) 1406

DEVASHIS BARUAH
Krishna Kanta Rajkumar – Appellant
Versus
Chinmin Foods – Respondent


Advocates:
Advocate Appeared:
A.Das, Advocate, G.N.Sahewalla, Advocate, S.Todi, Advocate

JUDGMENT :

DEVASHIS BARUAH, J.

Heard Mr. A Das, learned counsel for the appellant and Mr. G.N. Sahewalla, learned senior counsel assisted by Ms. S Todi learned counsel for the respondents.

2. This is an appeal under Order 43 Rule 1 (r) of the CPC directed against the order dtd. 26/2/2020 passed in Misc (J) Case No.32/2019 by the Court of the learned Civil Judge Jorhat, whereby the said Court restrained the appellant herein from entering to the suit land or from disposing of the suit land to any other person except the petitioner until the disposal of the suit.

3. At the outset, the learned counsel for the appellant submits that the appellant is not aggrieved by the portion of the order to that effect by which there was an injunction restraining the appellant from disposing of the suit land till the disposal of the suit. The appellant submits that the appellant being in possession of the suit land, the injunction order directing the appellant not to enter into the suit land has seriously affected the appellant and it is for that reason the instant appeal has been preferred.

4. In the backdrop of the above submissions, let this Court take into consideration the facts of the instant case.

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