Page No.# 1/4 GAHC010074632025 2025:GAU-AS:4713 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : FAO/20/2025 AZIR UDDIN MAZUMDAR S/O LATE ALIM UDDIN MAZUMDAR, R/O VILL. KANAKPUR PART I, P.O. KANAKPUR, P.S. SILCHAR, DIST. CACHAR, ASSAM. VERSUS SHAMINA YEASMIN MAZUMDAR @ SHAMMI MAZUMDAR AND 8 ORS D/O LATE ENA MAZUMDAR AND LATE DR. FAZLUL HAQUE MAZUMDAR, W/O A.B. OBIDUL HAQUE, R/O OLD LAKHIPUR ROAD, SILCHAR- 788001, P.S. SILCHAR, DIST. CACHAR, ASSAM. 2:ON THE DEATH OF MUSSTT SIMMI AHMED BARLASKAR HER LEGAL HEIRS SABAJ LASKAR R/O KANAKPUR PART II (BANDARKAR) P.O. KANAKPUR P.S. SILCHAR DIST. CACHAR ASSAM PIN 788006 3:RAGIB FAHIM MAZUMDAR ALIAS RAGIB SON OF LATE ENA MAZUMDAR AND LATE DR. FAZLUL HAQUE MAZUMDAR RESIDENT OF VILLAGE- KANAKPUR PART- I PO - KANAKPUR PS SILCHAR DISTRICT- CACHAR ASSAM Pin- 788006 4:SHAKILA YEASMIN MAZUMDAR ALIAS NIMMI Page No.# 2/4 WIFE OF AFAR UDDIN MAZUMDAR RESIDENT OF HARIJAN COLONY NEAR NEHRU STADIUM ISLAMPUR GUWAHATI AT PRESENT RESIDENT OF VILLAGE AND P.O KANAKPUR PART- 1 SILCHAR- 788006 DISTRICT- CACHAR ASSAM 5:AMIRUL HAQUE BARLASKAR SON OF LATEE ROBIJUL ALI BARLASKAR ALIAS ROBI FAKIR SATRAKANDI PART- II P.O SATRAKANDI P.S SONAI DISTRICT- CACHAR ASSAM PIN- 788120 6:MEWAJ AHMED BARBHUIYA SON OF LATEE MUKABBIR ALI BARBHUIYA SONAI WARD NO. 6 P.O. AND P.S SONAI DISTRICT- CACHAR ASSAM PIN- 788119 7:FAKRUL BARBHUIYA SON OF LATE IRFAN BARBHUIYA RESIDENT OF KANAKPUR PART- I P.O.KANAKPUR P.S SILCHAR DISTRICT- CACHAR ASSAM PIN- 788006 8:RUHUL AMIN BARBHUIYA SON OF LATE A.R. BARBHIYA RESIDENT OF KANAKPUR PART- I P.S.- SILCHAR DISTRICT- CACHAR ASSAM PIN- 788006 9:ROMZAN BARBHUIYA SON OF LATE KARIM BARBHUIYA Page No.# 3/4 RESIDENT OF KANAKPUR PART- I P.S.- SILCHAR DISTRICT- CACHAR ASSAM PIN- 78800 Advocate for the appellant(s): Mr. D Chakrabarty Advocate for the respondent(s): B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 21.04.2025 Heard Mr. D Chakrabarty, the learned counsel appearing on behalf of the appellant. 2. This is an appeal under Order XLIII Rule 1(r) read with Section 104 of the Code of Civil Procedure, 1908 (for short, the Code) challenging the order dated 03.03.2025 whereby the learned Trial Court i.e. the Court of the learned Civil Judge (Senior Division) No.2, Cachar at Silchar had issued notice without granting an ad-interim ex-parte injunction in favour of the appellant, who is the plaintiff in the suit. 3. During the course of the hearing, Mr. D Chakrabarty, the learned counsel appearing on behalf of the appellant submitted that the learned Trial Court ought to have considered that there was an urgent necessity of waiving the notice under Order XXXIX Rule 3 of the Code and granting an ex-parte injunction order thereby protecting the interest of the plaintiff to the extent Page No.# 4/4 sought for vide the injunction application. 4. This Court during the course of the hearing enquired with Mr. D Chakrabarty, the learned counsel appearing on behalf of the appellant as to when is the next date fixed before the learned Trial Court in respect to the injunction proceedings. The learned counsel submits that the next date is fixed on 23.04.2025. 5. This Court having taken note of that continuing of two parallel proceedings would not be in the interest of justice grants liberty to the appellant, who is the plaintiff in Title Suit No.39/2025 to file an application on the next date before the learned Trial Court i.e. 23.04.2025 giving due reasons as to why there is an urgent necessity for an ad-interim injunction. 6. This Court further observes and directs the learned Trial Court that taking into consideration the said application, the learned Trial Court shall pass appropriate order(s) in accordance with law. 7. With the above, the appeal stands disposed of. JUDGE Comparing Assistant