Back
GAUHATI HIGH COURT
Dr. P. K. Goswami, J
Subhash alias Subash Deb Nath v. Bishnupada Saha (death) his Legal Heirs and Others
| Table of Content |
|---|
| 1. court addressed the necessity of jurisdiction. (Para 1 , 2) |
| 2. facts leading to suit dismissal and current encroachment. (Para 3 , 6) |
| 3. court's analysis of the law under o.39 and s.151 cpc. (Para 4 , 5) |
| 4. final ruling to restrain dispossession until restoration. (Para 7 , 8 , 9) |
1. Heard Dr. P. K. Goswami, learned Counsel for the petitioner.
2. Considering the nature of the order to be passed, we deem it appropriate that notices on the respondents may not be issued.
3. The petitioner instituted Title Suit No.369 of 2010 in the Court of learned Munsiff No.2, Kamrup (M), at Guwahati claiming for right, title and interest over the suit land. The said suit was dismissed for non - prosecution by an order dated 16.11.2019. Although there was a counter claim, even the counter claimant had not come forward before the Court to pursue with his counter claim after dismissal of the suit for non - prosecution. Upon dismissal of the suit for non - prosecution, the defendants counter claimants are stated to have encroached upon the suit land. In the circumstance, the petition No.2965 was filed by the petitioner under O.39 R.1 and R.2 praying for an ad - interim temporary injunction
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
