Disposed

Michael Daimari v. Isac Sebastian Daimari .

Gauhati HC2 Mar 2025FAO/48/2023

Case brief

AI extract

What is this about?

The single-judge division closed the appeal after finding no substance remaining. The court directed the trial court to expeditiously dispose of the pending injunction case and fixed a date for hearing both the suit and injunction proceedings upon receipt of records.

What did the court decide?

Appeal closed. Trial court directed to dispose the pending miscellaneous case and hear the suit and injunction proceedings on 01.04.2025.

Michael Daimari Vs Isac Sebastian Daimari . — Property and Title | Gauhati HC (2025)

Page No.# 1/4

GAHC010167992023

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : FAO/48/2023

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MICHAEL DAIMARI S/O SRI BINAY @ ELIAS DAIMARI, VILLAGE BOGAPURI, MOUZA UDALGURI, PS AND DIST UDALGURI, BTR, ASSAM,784190

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VERSUS

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ISAC SEBASTIAN DAIMARI . S/O SRI BINAY @ ELIAS DAIMARI, RESIDENT OF AMBIKAGIRI PATH, UDALGURI TOWN,WARD NO. 1 , MOUZA, PS AND DIST UDALGURI, BTR, ASSAM 784190

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2:SRI BINAY @ ELIAS DAIMARI S/O LATE ANGA DAIMARI

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RESIDENT OF AMBIKAGIRI PATH UDALGURI TOWN WARD NO. 1 MOUZA PS AND DIST UDALGURI BTR ASSAM 78419

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For the appellant (s) : Mr. N. Haque, Advocate

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For the respondent (s) : Mr. N. Alam, Advocate

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Page No.# 2/4

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BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R

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03.03.2025

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Heard Mr. N. Haque, the learned counsel appearing on behalf of the appellant. Mr. N. Alam, the leaned counsel appearing on behalf of the respondent.

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This is an Appeal preferred under Section 104 read with Order XLIII Rule 1(r) of the Code of Civil Procedure, 1908 challenging the order dated 18.07.2023 passed by the Court of the learned Civil Judge, Udalguri in Misc.(J) Case No.15/2023 arising out of Title Suit No.17/2023.

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This Court has duly perused the said order and from a perusal of the said order, it is seen that the learned Trial Court had not disposed of the said injunction application. In addition to that, it was agreed by both the parties that they would maintain the status-quo. However, the learned counsel appearing on behalf of the appellant submits that in the said order, there was a direction that neither the parties shall alter the paddy saplings or the season crops which have affected the appellant who is in possession of the suit land, and as such, it is only in respect to that portion of the order, the appellant is before this Court.

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Page No.# 3/4

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This Court is of the opinion that if the appellant was aggrieved by that observation, the appellant could have very well sought for alteration of the said order before the learned Trial Court which was however not done, but instead the instant Appeal was preferred and this Court has also called for the LCR and in that process, the injunction proceedings before the learned Trial Court has been stalled.

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This Court has also put a query upon Mr. N. Haque, the learned counsel for the appellant as to what is the present status of the season crops as well as the paddy saplings. He submitted that they have already been removed from the field as per the order dated 09.08.2023 passed by ths Court.

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Taking into account the above, nothing further remains in the instant Appeal. Accordingly, the instant Appeal stands closed.

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This Court further directs the learned Trial Court, i.e. the Court of the learned Civil Judge, Udalguri, Assam to expeditiously dispose of the Misc.(J) Case No.15/2023 upon receipt of the said records.

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As both the parties are duly represented, they are direct to appear before the learned Trial Court on 01.04.2025.

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The Registry is directed to forthwith return the LCR to the learned Trial Court so that the learned Trial Court is in a position

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Page No.# 4/4

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to take up the suit as well as the injunction proceedings on 01.04.2025 as fixed herein above and in that regard, if necessary, the Registry shall employ the services for a Special Messenger.

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JUDGE

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Comparing Assistant

Michael Daimari v. Isac Sebastian Daimari .

Case brief

What is this about?

What did the court decide?

Michael Daimari v. Isac Sebastian Daimari .

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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