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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
ANJAN MONI KALITA
Ashok Doka – Appellant
Versus
Lezen Gyadi – Respondent
JUDGMENT & ORDER
HON’BLE MR. JUSTICE ANJAN MONI KALITA, J.
Heard Mr. S. Sarma, learned Senior Counsel assisted by Mr. A. Gautam, learned counsel appearing on behalf of the Petitioners. Also heard Mr. D. Majumdar, learned Senior Counsel assisted by Mr. K. Tama, learned counsel for the Respondent no. 1 and Mr. D. Soki, learned counsel for the Respondent no. 2 & 6 to 10 as well as Mr. S. K. Deori, learned counsel for the Respondent nos. 3, 4 & 5.
2. The instant application, under Section 115 of the CPC, 1908, read with Article 227 of the Constitution of India, has been filed assailing the legality, validity and propriety of the impugned Judgment and Order dated 24.03.2025, passed by the learned Civil Judge (Sr. Division), Yupia, allowing Civil Misc. Appeal Case No. 02/2025, whereby setting aside and quashing the temporary injunction order dated 28.01.2025, passed by the learned Civil Judge (Jr. Division), Yupia, in Misc. (J) Case No. 25/2024 in Title Suit No. 21/2024.
3. The Petitioner no. 1 in the instant case was one of the Presidential Candidates for the post of President, All Nyishi Students’ Union (In short ANSU) for the term 2024-2027 in the recently concluded 16th General Conferen
Approaching the court with clean hands, the binding nature of a decree passed in a suit under Order I, Rule 8 of the CPC, and the significance of the absence of a prayer for permanent injunction in t....
The court dismissed the appeals against the interim injunction, stating that no final orders had been passed, and the interim injunction was based on sound discretion and was granted for a limited pe....
The court confirmed that once an election occurs, any challenges to its conduct must be resolved in the context of the ongoing suit rather than through an interlocutory injunction.
A court must ensure that any interim orders affecting parties' rights are made only after providing an opportunity for all concerned parties to be heard, reinforcing the principle of fair hearing.
Judicial orders must maintain consistency; once signed by a judge, an order cannot be rescinded without legitimate reasons, ensuring lawful procedural conduct in civil matters.
The validity of orders passed by the Election Tribunal under the U.P. Municipalities Act, 1916, and the principles of extending interim orders as per the judgment of the Supreme Court in Asian Resurf....
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