BEFORE

HON’BLE MRS. JUSTICE MITALI THAKURIA

O R D E R

Date : 11.05.2026.

Heard Mr. S. Sarma, the learned Senior Counsel assisted by Mr. I. Chhaya and Mr. A. Gautam, learned counsel for the applicant/respondent. Also heard Mr. D. Das, the learned Senior Counsel assisted by Mr. F. Faridi and Mr. G. Bharadwaj, learned counsel appearing for the opposite parties/appellants.

2. This is an application under Section 151, read with Order XLI Rule 35(3) and Order XXXIX Rule 2A of the Code of Civil Procedure, 1908, for urgent interim and ad interim directions for restitution of status quo under the Order dated 06.11.2025 in the connected appeal.

3. It is the case of the applicant/respondent that the Title Suit No.505/2023 was instituted by the respondent for declaration of her right, title and interest and recovery of possession wherein the present applicant/respondent had appeared and filed their written statement and contested the case accordingly. During the pendency of the said Title Suit No.505/2023, a Misc. Case was instituted being Misc. (J) Case No.852/2025, seeking temporary injunction including mandatory injunction by the present applicant alleging that after filing of the suit, the plaintiffs were trying to dispossess the defendant/present applicant from her rightful and peaceful possession of the property and during the pendency of the said suit, the plaintiff/appellant illegally trespassed into the suit property in the first week of January, 2024 with the purpose to construct their residential houses. For the said occurrence, the present petitioner as a defendant had moved an application under Order XXXIX, Rule 1 & 2 read with Section 151 of the Code of Civil Procedure, 1908 for temporary injunction and also praying for mandatory injunction. After hearing both the parties, the learned Civil Judge (Sr. Division) No.1, Kamrup (M) at Guwahati, dated 06.11.2025, in Misc. (J) Case No.852/2025 in connection with Title Suit No.505/2023, whereby the prayer for the temporary injunction as well as the mandatory injunction was allowed considering the fact that the suit property is in danger of being wasted, damaged and susceptible to chance of hands. In the said order, apart from the temporary injunction, the respondents/appellant were also directed not to interfere in the possession of the present applicant/respondent and asked to remove all banners, fixtures and any movable kept by them in the suit premises and unauthorized entry from the suit property. After the said order passed in Misc. (J) Case No.852/2025, the connected FAO No.75/2025 has been filed by the respondent/appellant, wherein vide order dated 26.11.2025, this Court had passed the order directing both the parties to maintain status quo over the suit property as on the date of order. But in spite of the order passed by the learned Trial Court as well as by this Court vided order dated 26.11.2025, the respondent/appellant entered into the suit premises on the night of 09.01.2026 and utter contempt of the authorities of this Court, with assistance of criminal elements and collision of local police, breached and violated the order dated 26.11.2025 by entering into the suit property and assaulting the applicant’s/respondent’s representatives in the suit property, carrying out mob violence and forcibly thrown out the respondent/applicant and her belongings. Thus, the respondent/appellant have violated the order of status quo by entering into the suit property and installing their car and men inside the suit property, for which the present petition had to be instituted for issuing an urgent ad interim direction to the respondent/appellant to restore the status quo in respect of the suit property as on 26.11.2025, in compliance of the order of this Court passed in FAO No.75/2025 and the Court of learned Civil Judge (Sr. Division) No.1, Kamrup (M) at Guwahati had passed the order dated 06.11.2025, in Misc. (J) Case No.852/2025 in connection with Title Suit 505/2023. Further, it i