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GAUHATI HIGH COURT
PARTHIVJYOTI SAIKIA, J
ANAND DEALERS PVT LTD AND ANR – Appellant
Versus
SRI AJIT SAIKIA AND ORS – Respondent
| Table of Content |
|---|
| 1. claims of ownership based on competing legal documents need resolution. (Para 2 , 3) |
| 2. court emphasizes adherence to procedural requirements for injunction. (Para 4 , 5 , 6) |
| 3. actual possession of land must be proven through evidence. (Para 7) |
| 4. order directing maintenance of status quo until factual determination. (Para 8) |
O R D E R
21.08.2025 Heard Mr. P.K. Roychoudhury, the learned counsel appearing for the applicants as well as Mr. S.N. Adhyapak, the learned counsel representing the opposite parties.
2. This is an application under Section 151 of the Code of Civil Procedure praying for allowing the applicants to construct an RCC building over the suit land.
3. The case of the applicants lies in a short compass. The applicants claimed to have purchased the suit land on the basis of a registered sale deed. On the other hand, the opposite parties claimed that the suit land was gifted to them by the predecessor of the vendor relating to the aforesaid sale deed. Therefore, the applicants filed a suit against the opposite parties seeking a declaration of their right, title and interest over the suit land and to declare the aforesaid gift deed dated 25.02.1976 allege
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