ORDER

06-12-2021 Heard Mr. S.P. Choudhury, the learned counsel appearing for the petitioners and Mr. J.C. Gaur, the learned counsel appearing on behalf of the respondent.

This application under Article 227 of the Constitution of India has been filed challenging the order dated 13.09.2021 passed in Title Suit No. 218/2020 whereby the said suit was stayed till the disposal of Title Suit No. 202/2021.

The brief facts of the instant case is that the petitioners and respondent had entered into an Agreement to Develop & Sell dated 27.11.2015 vide the registered Deed No. 13997 on 01.12.2015. On the very date, a General Power of Attorney was executed and registered by the petitioners herein in favour of the respondents. Thereafter, the constructions were carried out as per the arrangement agreed upon by and between the parties.

Subsequent thereto, there were certain disputes for which the petitioners herein executed a deed of Revocation of the Registered General Power of Attorney and the said deed was registered on 12.07.2021 as Deed No.

2395/2021.

Consequently, the respondent herein as plaintiff instituted a Title Suit before the Court of the Civil Judge No. 1, Kamrup (M) at Guwahati which was registered as Title Suit No. 202/2021. In the said suit, the respondent herein sought for the following reliefs which for the sake of convenience are quoted here in below:-

“1. a decree for declaration of the plaintiff’s rights, title and interest to the effect that agreement executed between the plaintiff and defendants for development and sale which had been registered as Deed No. 13997 on 01.12.2015 and the relevant General Power of Attorney (irrevocable) executed by defendants in favour of plaintiff which had been registered as Deed No. 4674 dated 01.12.2015 in the office of the Sr. Sub Registrar, Guwahati are still subsisting and valid;

2. a decree for declaration of the plaintiff’s rights, title and interest to the effect that the plaintiff is entitle to complete the construction of RCC building and to deal with his share of building as per stipulations made in agreement to develop & sell executed by defendants and plaintiff which had been registered as Deed No. 13997 on 01.12.2015 and the relevant General Power of Attorney (irrevocable) executed by defendants in favour of plaintiff which had been registered as Deed No. 4674 dated 01.12.2015 in the office of the Sr. Sub Registrar, Guwahati;

3. a decree for declaration of the plaintiffs rights, title and interest to the effect that the pleader’s notice dated 06.07.2021 given by Sri Sabyasachi Paul Choudhury, advocate of defendants as to revocation or cancellation of general power of attorney given in favour of plaintiff is baseless, illegal, inoperative and not binding on plaintiff;

4. a decree for declaration of the plaintiffs rights, title and interest to the effect that the deed of revocation of registered power of attorney executed by defendants and registered as deed No. 2395 of 2021 on 12.07.2021 at the office of Sr. Sub Registrar, Guwahati revoking the general power of attorney executed by defendants in favour of plaintiff is without authority of law, inoperative, illegal and void abinitio.

5. a permanent injunction may kindly be granted in favour of plaintiff, restraining the defendants, their relatives, men, servants, agents, attorneys or any other person claiming under them from entering into the scheduled land to disturb the construction activities carried on by plaintiff in completion of construction of building thereon in any manner and staying the operation of the deed of revocation of registered power of attorney executed and registered by defendants as Deed No. 2395 of 2021 on

12.07.2021 at the office of Sr. Sub Registrar, Guwahati;

6. An ad-interim injunction be granted;

7. Costs of the suit be decreed and

8. Any other relief or reliefs to which the plaintiff is entitled under law and equity may also be decreed.”

It has been brought to my notice that the petitioners herein were the defen