The High Court dismissed an appeal under Order XLIII Rule 1(r) CPC challenging an injunction order granted by the trial court. The Court declined to interfere, upholding the previous order restricting the alienation of suit premises.
The appeal stands closed without interfering with the impugned order and is disposed off.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010015012017
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : FAO 8/2017
1:SHRI RANTU DAS
S/O NOWMAL DAS, R/O ARYA NAGAR, BEHIND ARYA VIDYAPEETH COLLEGE, HOUSE NO 21, UNDER POLICE STATION BHARALUMUKH, GUWAHATI 781016 IN THE DIST. OF KAMRUP M, ASSAM.
VERSUS
1:SHRI RAJESH KUMAR GUPTA
S/O LATE RAM KUMAR GUPTA, R/O DR. R.P. ROAD, DISPUR, GUWAHATI 781006 IN THE DIST. OF KAMRUP M, ASSAM.
Advocate for the Petitioner : MS.B DAS
Advocate for the Respondent : MR.K KALITA
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 07-06-2018
Heard Mr. D. Baruah, learned counsel for the appellant as well as Mr. J. Sarma, learned counsel for the sole respondent.
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XXXIX Rule 1 and 2 read with section 151 CPC granted injunction, restraining the appellant herein, his heirs, agents, workmen, attorney, builders etc. from alienating the suit shops premises measuring 1950 sq. feet as described in the schedule of the injunction application, in any manner and from delivering possession thereof to any person till the disposal of the suit.
JUDGE
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Comparing Assistant
1 issue framed by the court
Whether the appeal against the injunction order should be allowed.
2 provisions across 1 enactments
Shri Rantu Das
Shri Rajesh Kumar Gupta
Kalyan Rai Surana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
