Page No.# 1/3 GAHC010079382025 2025:GAU-AS:11911 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1225/2025 SRI RAJ KUMAR KOIRY SON OF LATE JAMUNA KOIRY RESIDENT OF VILL NO 3 CHIKAJHORA PO JHARBISH PANI PS BIJNI DISTRICT CHIRANG BTR ASSAM VERSUS RAMPOTI KOIRY SON OF LATE GANGA KOIRY RESIDENT OF VILLAGE NO 3 CHIKAJHAR PO JHARBISHPANI PS BIJNI DISTRICT CHIRANG BTAD ASSAM 2:RANJIT KOIRY SON OF RAMPOTI KOIRY RESIDENT OF VILLAGE NO 3 CHIKAJHAR PO JHARBISHPANI PS BIJNI DISTRICT CHIRANG BTAD ASSAM 3:AJOY KOIRY SON OF RAMPOTI KOIRY RESIDENT OF VILLAGE NO 3 CHIKAJHAR PO JHARBISHPANI PS BIJNI DISTRICT CHIRANG BTAD ASSAM 4:SITA KOIRY RESIDENT OF VILLAGE NO 3 CHIKAJHAR PO JHARBISHPANI PS BIJNI DISTRICT CHIRANG BTAD ASSA Advocate for the Petitioner : MR. B J MUKHERJEE, MS R SAHA Advocate for the Respondent : MR. A K HUSSAIN, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 03.09.2025 Heard Mr. B.J.Mukherjee, learned counsel for the applicant/ respondent Raj Kumar Koiry, who has filed this application under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908 ( in short ‘CPC’) for grant of temporary injunction restraining the opposite parties/appellants from destroying, cutting, selling etc any of the trees, crops that is standing over the suit land till disposal of the connected RSA 108 / 2019. 2. The opposite parties in this case are the appellants in the RSA 108/2019. It is submitted that the suit land relating to the Title Suit No.20/2011 has been decreed in favor of the applicant/ respondent. It is contended that the opposite parties/ appellants have removed certain bamboo trees and sold the same for a value of Rs. 40,000 to a third party. This has been vehemently denied by the opposite parties/appellants in their objection and have fairly submitted that they have indeed removed some bamboo trees for funeral rites of a neighbour as the trees were from the land under their possession. 3. I have considered the submissions at the bar with circumspection. The opposite parties/ appellants have submitted that they will not cut down any trees or bamboo standing on the suit property as described in paragraph -8 of the petition : A. Gamari Tree - 12 Nos.. B. Jiga Tree – 1 No C. Jackfruit Tree - 3 Nos. Page No.# 3/3 D. Chita Tree – 2 N0s. E. Bel Tree - 2 Nos. F. Mango Tree - 3 Nos. G. Catchu Tree - 6 Nos H. Bamboo Bush - 44 Nos. 4. After considering the submission at the bar and as agreed to by the learned counsel for both the sides, this petition is disposed of with direction to the opposite parties/appellants to maintain status quo over the suit property as on today, till the disposal of the RSA/108/2019. 5. The interlocutory application stands disposed of. 6. The connected RSA /108/2019 be listed in due course as per usual process. JUDGE Comparing Assistant