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2023 Supreme(Online)(Gau) 7463

GAUHATI HIGH COURT
Judge, J
Hemendra Bhuyan v. Bapujee College


Advocates:
For the Appellants/Petitioners: Mr. S. Dutta
For the Respondents: Mr. B. D. Deka, Mr. K. K. Bhattacharyya

Table of Content
1. procedural background and suit details. (Para 2 , 3)
2. historical context of land ownership and settlement. (Para 4 , 5)
3. claims of adverse possession and injunction discussion. (Para 8 , 9 , 10)
4. public interest considerations in the injunction. (Para 14 , 16)
5. conclusion on appeal and injunction request. (Para 19 , 20)

1. Heard Mr. S. Dutta, learned counsel for the appellants. Also heard Mr. B. D. Deka, learned for the respondent No.1 and Mr. K. K. Bhattacharyya, learned Government Advocate representing the respondent Nos.2 and 3.

2. This appeal is filed under O.43 R.1(r) read with S.151 of the Civil Procedure Code, 1908 against the order dated 08.08.2022 passed by the learned Civil Judge, Barpeta in Misc.(J) Case No.56/2022, whereby the prayer for interim injunction was rejected.

3. The brief facts leading to the filing of the present petition is that the appellant Nos. 1 and 2 are residence of Barashala Village and have the representative capacity as per O.1 R.8 of the Civil Procedure Code, 1908 , who preferred a Title Suit inter alia with a prayer for grant of Decree declaring that the appellants have the Right, Title and Interest over a plot of land, i.e




























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