This order directs the lower Munsiff Court to dispose of a pending injunction petition expeditiously and maintains the status quo pending disposal.
Direction to the Munsiff Court to dispose of Misc. (J) Case No. 161/2021 expeditiously and continuation of the status quo order.
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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GAHC010125522021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP(IO)/73/2021
BANAJIT KR. DAS
S/O LATE BHAGABAN CH. DAS, R/O GANAKKUCHI, PIN-781314, P.S. AND DUIST-BARPETA, ASSAM
VERSUS
SMTI. SHUKHILA BALA DAS AND 6 ORS. W/O LATE CHAKRA DHAR DAS, R/O HARSHA BAZAR, WARD NO. 05, PIN781301, P.O., P.S. AND DIST-BARPETA, ASSAM
2:HARKHAJIT DAS S/O LATE CHAKRA DHAR DAS R/O HARSHA BAZAR WARD NO. 05 PIN-781301 P.O. P.S. AND DIST-BARPETA ASSAM
3:SMTI. DIPTI RANI DAS D/O LATE CHAKRA DHAR DAS R/O HARSHA BAZAR WARD NO. 05 PIN-781301 P.O. P.S. AND DIST-BARPETA ASSAM
4:SMTI. GITUMANI DAS D/O LATE CHAKRA DHAR DAS R/O HARSHA BAZAR WARD NO. 05
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PIN-781301 P.O. P.S. AND DIST-BARPETA ASSAM 5:MAMUNI DAS D/O LATE CHAKRA DHAR DAS R/O HARSHA BAZAR WARD NO. 05 PIN-781301 P.O. P.S. AND DIST-BARPETA ASSAM
6:DIA DAS D/O LATE CHAKRA DHAR DAS R/O HARSHA BAZAR WARD NO. 05 PIN-781301 P.O. P.S. AND DIST-BARPETA ASSAM
7:DISHA DAS D/O LATE CHAKRA DHAR DAS R/O HARSHA BAZAR WARD NO. 05 PIN-781301 P.O. P.S. AND DIST-BARPETA ASSA
Advocate for the Petitioner : MR. R BORPUJARI
Advocate for the Respondent : MR. M DAS
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BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
05.04.2022
Heard Mr. F. Khan, learned counsel representing the petitioner as well as Mr. B. D. Deka, learned counsel appearing for the respondents.
Both sides have fairly submitted that the injunction petition is still pending before the Munsiff No. 1, Barpeta. The learned counsels for both the sides have submitted that a direction should be given for expeditious disposal of that petition pending before the trial court and the interim order passed earlier by this court should continue till then.
Accordingly, after hearing both sides, it is directed that the Munsiff No. 1, Barpeta shall dispose of the injunction petition i.e. Misc. (J) Case No. 161/2021 expeditiously. Further, it is also directed that till disposal of the aforesaid injunction petition, the statusquo order passed by this court shall continue.
It is clarified that the trial court shall not be influenced by any of the observation made by this court.
With the aforesaid direction, the present civil revision petition is disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether to direct the lower court to dispose of a pending injunction petition expeditiously while maintaining interim status quo.
Whether to specify that the trial court shall not be influenced by higher court observations in a related matter.
Banajit Kr. Das
Smti. Shukhila Bala Das and 6 Ors.
Parthivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
