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2026 Supreme(Online)(Gau) 10707
GAUHATI HIGH COURT
Mridul Kumar Kalita, J
Gul Shammim Hussain – Appellant
Versus
State of Assam – Respondent
FAO/31/2026|I.A.(Civil)/1599/2026|Misc. (J) Case No. 349/2025|Title Suit No. 247/2025
For the Appellants/Petitioners: R Baruah, J Sarma, G Imtiaz, M Nath, A Ikbal
For the Respondents: P Chakraborty, D D Barman
The court admitted an appeal against the rejection of a temporary injunction by a trial court and directed the requisition of records for further consideration of the injunction plea.
Headnote:(A) Code of Civil Procedure, 1908 - Order 43 Rule 1 (r) - Appeal against order rejecting temporary injunction - Trial court rejected prayer for injunction in a pending Title Suit - Appeal admitted and record requisitioned - Matter listed for further proceedings. (Paras 2, 4, 5, 9)
Facts of the case:
The appellants filed a Title Suit seeking a temporary injunction. The Trial Court (Civil Judge, Senior Division) rejected the prayer for a temporary injunction, leading to the present appeal under Order 43 Rule 1 (r) of the Code of Civil Procedure, 1908.
Findings of Court:
The Appellate Court admitted the appeal and ordered that the records of the related Title Suit and the Misc. Case be requisitioned from the Trial Court to facilitate the disposal of the appeal.
Issues: The main issue is the legality of the Trial Court's order rejecting the prayer for a temporary injunction in the pending title suit.
Ratio Decidendi: Pending the receipt of the record from the trial court, the appellate court admitted the matter and directed the registry to secure the files to determine the merits of the injunction plea.
Result: Appeal admitted; matter listed for hearing on 11.06.2026.
| Table of Content |
|---|
| 1. initiation of an appeal against the rejection of a temporary injunction. (Para 1 , 2) |
| 2. admission of the appeal and procedural directions for record requisition. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9) |
Advocate for the Petitioner : MR. R BARUAH, MS. J SARMA,G IMTIAZ,MS. M NATH,MR. A IKBAL
Advocate for the Respondent : SC, WATER RESOURCE, GA, ASSAM
Linked Case : I.A.(Civil)/1599/2026
GUL SHAMMIM HUSSAIN AND 11 ORS.
W/O LIAKAT HUSSAIN
D/O LATE ABDUL HAQUE
R/O SARUMOTORIA
P.O. AND P.S.- DISPUR
DIST- KAMRUP (M)
GUWAHATI
PIN- 781006
ASSAM (REPRESENTED BY HER CONSTITUTED POWER OF ATTORNEY HOLDER
RIZWAN AHMED (APPELLANT NO. 9) AND LIAKAT HUSSIAN (APPELLANT NO. 10))
2: MAFIDA GULSHAN
W/O ABU SALEH AHMED
D/O LATE ABDUL HAQUE
R/O SARUMOTORIA
P.O. AND P.S.- DISPUR
DIST- KAMRUP (M)
GUWAHATI
PIN- 781006
ASSAM (REPRESENTED BY HER CONSTITUTED POWER OF ATTORNEY HOLDER
RIZWAN AHMED (APPELLANT NO. 9) AND LIAKAT HUSSIAN (APPELLANT NO. 10))
3: SUREYA SAIKIA
W/O FAKRUL ISLAM
D/O LATE ABDUL HAQUE
R/O SARUMOTORIA
P.O. AND P.S.- DISPUR
DIST- KAMRUP (M)
GUWAHATI
PIN- 781006
ASSAM (REPRESENTED BY HER CONSTITUTED POWER OF ATTORNEY HOLDER
RIZWAN AHMED (APPELLANT NO. 9) AND LIAKAT HUSSIAN (APPELLANT NO. 10))
4: HALIMA GULSHAN ISLAM
W/O SARIFUL ISLAM
D/O LATE ABDUL HAQUE
R/O SARUMOTORIA
P.O. AND P.S.- DISPUR
DIST- KAMRUP (M)
GUWAHATI
PIN- 781006
ASSAM (REPRESENTED BY HER CONSTITUTED POWER OF ATTORNEY HOLDER
RIZWAN AHMED (APPELLANT NO. 9) AND LIAKAT HUSSIAN (APPELLANT NO. 10))
5: NAZMA GULASHAN
W/O SHAJAD SHAH
D/O LATE ABDUL HAQUE
R/O SARUMOTORIA
P.O. AND P.S.- DISPUR
DIST- KAMRUP (M)
GUWAHATI
PIN- 781006
ASSAM (REPRESENTED BY HER CONSTITUTED POWER OF ATTORNEY HOLDER
RIZWAN AHMED (APPELLANT NO. 9) AND LIAKAT HUSSIAN (APPELLANT NO. 10))
6: AMIRUN HAQUE
W/O LATE ENAMUL HAQUE
R/O COL. J ALI ROAD
LAKHTOKIA
P.O. AND P.S.- PANBAZAR
DIST- KAMRUP (M)
GUWAHATI
ASSAM
PIN CODE- 781001 (REPRESENTED BY HER CONSTITUTED POWER OF ATTORNEY HOLDER
MRS. RUPA CHOUDHURY (APPELLANT NO. 11) AND SMTI. MANJIT KAUR (APPELLANT NO. 12))
7: SHAHNAZ AKHTAR HAQUE
D/O LATE ENAMUL HAQUE
R/O COL. J ALI ROAD
LAKHTOKIA
P.O. AND P.S.- PANBAZAR
DIST- KAMRUP (M)
GUWAHATI
ASSAM
PIN CODE- 781001 (REPRESENTED BY HER CONSTITUTED POWER OF ATTORNEY HOLDER
MRS. RUPA CHOUDHURY (APPELLANT NO. 11) AND SMTI. MANJIT KAUR (APPELLANT NO. 12))
8: NAWAZUL HAQUE
S/O LATE ABDUL HAQUE
R/O COL. J ALI ROAD
LAKHTOKIA
P.O. AND P.S.- PANBAZAR
DIST- KAMRUP (M)
GUWAHATI
ASSAM
PIN CODE- 781001 (REPRESENTED BY HIS CONSTITUTED POWER OF ATTORNEY HOLDER
MRS. RUPA CHOUDHURY (APPELLANT NO. 11) AND SMTI. MANJIT KAUR (APPELLANT NO. 12))
9: RIZWAN AHMED
S/O RAHIZ UDDIN AHMED
R/O SANTIPATH
SIJUBARI
BASISTHA EMBANKMENT ROAD
HATIGAON
DIST- KAMRUP (M)
GUWAHATI
ASSAM
PIN- 781038
10: LIAKAT HUSSAIN
S/O SIRAJUDDIN AHMED
R/O HOUSE NO. 23
BYE LANE NO. 2
SWARAJ NAGAR
SARUMOTORIA
DIST- KAMRUP (M)
GUWAHATI
ASSAM
PIN- 781006
11: MRS. RUPA CHOUDHURY
W/O TAPASH CHOUDHURY
R/O BARSAJAI
BIKASH NAGAR
LALMATI
P.O. AND P.S.- BASISTHA
DIST- KAMRUP (M)
GUWAHATI
ASSAM
PIN-781028
12: SMTI MANJIT KAUR
D/O LATE BHAGAWANTA SINGH
R/O OHID MARKET
S.S. ROAD
FANCY BAZAR
DIST- KAMRUP (M)
GUWAHATI
ASSAM
PIN-781001
VERSUS
THE STATE OF ASSAM AND 5 ORS.
REPRESENTED BY SPECIAL CHIEF SECRETARY
WATER RESOURCE DEPARTMENT
BLOCK-C
THIRD FLOOR
ASSAM SECRETARIAT
DISPUR
PIN- 781006
2:THE DISTRICT COMMISSIONER
KAMRUP (M)
LICHUBAGAN
HENGERABARI
GUWAHATI
PIN- 781036
KAMRUP (M)
3:THE CHIEF ENGINEER
C/O THE ASSAM WATER CENTRE
A
