Page No.# 1/3 GAHC010086272024 2025:GAU-AS:3301 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP/52/2024 JOMINA KHATUN AND ANR D/O LATE ABDUL MOTALIB, E/O IDRIS ALI, R/O VILL- LENGTENG, P.O.- SARSHABARI, P.S.-SAMAGURI, DIST-NAGAON (ASSAM) 2: MOMIN KHATUN D/O LATE ABDUL MOTALIB W/O MUSLIM UDDIN R/O VILL- KHALOI BILL P.O.-BHUJKHUWA CHAPARI P.S.-BORGHAT DIST- SONITPUR (ASSAM VERSUS SAMSUL ISLAM AND 2 ORS S/O LATE ABDUL KHALEK, R/O VILL- LAILURI, P.O.-LAILURI, P.S.- RUPAHIHAT, DIST- NAGAON (ASSAM) 2:SAFIQUL ISLAM S/O LATE ABDUL KHALEK R/O VILL- LAILURI P.O.-LAILURI P.S.-RUPAHIHAT DIST- NAGAON (ASSAM) 3:MD. ISRAIL S/O LATE NABAB ALI R/O VILL- LAILURI P.O.-LAILURI P.S.-RUPAHIHAT DIST- NAGAON (ASSAM For the Petitioner(s) : Ms. G. Borah, Advocate Page No.# 2/3 For the Respondent(s) : None appears. BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 24.03.2025 Heard Ms. G. Borah, the learned counsel appearing on behalf of the petitioners. 2. The instant application under Article 227 of the Constitution is filed challenging an order dated 06.02.2024 passed in Misc. (J) Case No.65/2023 arising out of M.J Case No.25/2022. 3. From a perusal of the said order, it is seen that the learned Trial Court i.e. the Court of the learned Civil Judge (Senior Division), Nagaon had rejected the application filed under Section 151 of the Code of Civil Procedure, 1908 (for short ‘the Code’) for police help. 4. At this stage, it is relevant to take note of that against the violation of the order of injunction for maintenance of status quo, the petitioners herein had filed an application under Order XXXIX Rule 2A of the Code alleging violation to the order of injunction. The said application filed under Order XXXIX Rule 2A of the Code was rejected vide another order dated 06.02.2024 by the learned Trial Court. Being aggrieved by the said order, the petitioners had already preferred an appeal before the learned District Judge, Nagaon which is still pending. 5. Considering the above, it is the opinion of this Court that the exercise of jurisdiction under Article 227 of the Constitution in respect to Page No.# 3/3 the order dated 06.02.2024 passed in Misc. (J) Case No.65/2023 would not be proper. 6. It is the further opinion of this Court that the petitioners would be well advised to file appropriate application before the Appellate Authority wherein an appeal is pending against the rejection of the application filed under Order XXXIX Rule 2A of the Code, if so advised. 7. With above, the instant petition stands disposed of. JUDGE Comparing Assistant