Page No.# 1/4 GAHC010094532025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : FAO/26/2025 SMT SAROJ VERMA W/O SRI ASHOK VERMA, R/O DR. J.C. DAS ROAD, P.O. AND P.S. PANBAZAR, GUWAHATI, KAMRUP (M), ASSAM, PIN 781001 VERSUS ISWAR CHAND SINGHA S/O LATE BAKI LAL SINHA, R/O ALPINE PATH, BANK COLONY, JYOTIKUCHI, P.S. FATASIL, AMBARI, GUWAHATI, KAMRUP (M), PIN 781034 Advocate for the Petitioner : MR. S SARMA, ARUNABH SARMA,MR. C TALUKDAR,MR. A GAUTAM,MR. S K DEKA,MR. T K BHUYAN,MR. J DEKA Advocate for the Respondent : MR. S SAIKIA, FOR CAVEATOR,MR U DAS Linked Case : I.A.(Civil)/1492/2025 SMT SAROJ VERMA W/O SRI ASOK VERMA R/O DR. J.C. DAS ROAD P.O. AND P.S. PANBAZAR GUWAHATI KAMRUP (M0 ASSAM PIN 781001 Page No.# 2/4 VERSUS ISWAR CHAND SINGHA S/O LATE BAKI LAL SINHA R/O ALIPINE PATH BANK COLONY JYOTIKUCHI P.S. FATASIL AMBARI GUWAHATI KAMRUP (M) PIN 781034 ------------ Advocate for : MR. S SARMA Advocate for : MR. S SAIKIA appearing for ISWAR CHAND SINGHA BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 14.05.2025 Heard learned Senior Counsel, Mr S. Sarma for the appellant- Smt. Saroj Verma and learned counsel, Mr. S. Saikia, for the sole respondent / caveator - Iswar Chand Singha. 2. The appellant is aggrieved by the order dated 17.03.2025 passed by the learned Civil Judge (Senior Division), Darrang in Misc. (J) Case No. 39/2025 arising out of T.S. No. 12/2025. 3. It is averred that by the order dated 27.01.2025, the learned Trial Court had passed an ex-parte injunction order against the appellant-applicant by restraining them, their men, women and agents from entering into the scheduled land in dispute and also from causing disturbance over the peaceful Page No.# 3/4 possession of the present respondents, who are the plaintiffs in the original Title Suit. The appellant is aggrieved by the impugned order as the respondents have constructed the wall by demolishing the appellant’s wall and they have encroached into the appellant’s land and thereafter, they have started constructing a building along with wall after the impugned order was passed. Annexure-9 of the I.A./(C)/1492/2025 are the pictures relating to the construction works carried out by the respondents / plaintiffs over the appellant’s land. It is submitted that the case was fixed on 03.05.2025 and on that day, the Presiding Officer of the learned Trial Court was on leave. Thereafter, this case has been fixed on 28.05.2025 for put up. It is further submitted that meanwhile, construction of the wall if completed will cause irreparable damage to the appellant’s right, title and interest. 4. Against this illegal construction, the appellant preferred the Misc (J) No. Case No. 39/2025 and prayed for an injunction order to restrain the respondents from entering into the suit property and from illegal construction over the suit land. It is further submitted that on 17.03.2025, both the parties were present but the respondents have refused to accept notice in connection with the above mentioned Misc (J) No. Case No. 39/2025 despite the fact that the respondents were heard in the same Title Suit being T.S. No. 12/2025 along with the Misc (J) Case No. 14/2025. It is submitted that in the corresponding Misc (J) Case No/14/2025, the injunction order in favour of the respondents was extended by the learned Trial Court whereas in the corresponding Misc (J) Case No. 39/2025, no injunction order, not even a status quo order was granted in favour of the applicant to restrain the respondents from such illegal construction as mentioned above. 5. I have heard the learned counsel for the respondents who have raised Page No.# 4/4 serious objection stating that the appellant’s have not come with clean hands. They have violated injunction order which was in their favour. It is submitted that the appellant’s have suppressed materials facts. 6. The learned counsel for the respondents have raised serious objection against the prayer of the appellant for an order of injunction to restrain the respondents from entering into the suit land in connection with Misc (J) Case No 39/2025. 7. It is submitted that the respondents may be allowed to file their objection in connection with the above mentioned Misc (J) Case No. 39/2025 8. I have taken pragmatic view and it appears that as the respondents have appeared in connection with this case, their appearance is indeed complete in relation to Misc (J) Case No. 39/2025. The respondents are hereby directed to appear before the learned Trial Court on 29.05.2025 and place their objection in Misc (J) Case No. 39/2025. Till then both the parties are directed to maintain status quo over the disputed property. 9. The learned Trial Court is also directed to make every endeavour to dispose of both the cases relating to the order of injunction arising out of T.S. No. 12/2025 within 3 (three) weeks from today. JUDGE Comparing Assistant