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2024 Supreme(Gau) 917

BUDI HABUNG
Bobby Taipodia, D/o. Late Kardu Taipodia and Smti Akoni Taipodia – Appellant
Versus
Duri Taipodia, S/o. Late Kardu Taipodia – Respondent


Advocates Appeared:
For the Appellant : Mr. T. Sunil.
For the Respondent: Mr. R. Sonar.

JUDGMENT :

Budi Habung, J.

1. Heard Mr. T. Sunil, the learned counsel for the appellant. I have also heard Mr. R. Sonar, the learned counsel for the respondent.

2. The present appellant is the plaintiff in the Title Suit No. 17/2023 which is pending before the Court of the Learned Civil Judge (Senior Division), Pasighat for declaration of Right, Title and Interest over the Suit Land; for cancellation of Gift Deed; for recovery of possession and for permanent injunction

3. Along with the said suit, an application under Order 39 Rule 1 and 2 read with section 151 CPC, 1908 was also filed by the appellant for grant of temporary injunction with a prayer for ad interim ex-parte injunction. After hearing the learned counsel for the plaintiff/petitioners, the learned Trial Court vide order dated 09.08.2023 passed ad interim ex-parte status quo order in favour of the plaintiff/petitioner/appellant herein. The said Injunction Application was registered and numbered as Misc (J) Case no. 59/2023 arising out of Title Suit No. 17/2023.

4. The defendant/respondent then filed objection against the Injunction Application filed by the petitioner/appellant herein. On 04.10.2023, the Injunction Applicatio

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