Page No.# 1/3 GAHC010097802023 2025:GAU-AS:6004 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/128/2023 SAMSUL HAQUE S/O LT. AJIT ALI R/O VILL. NAGAON MOUZA NAGAON DIST. BARPETA ASSAM VERSUS AKHTAR ALI S/O LT. ABDUL ALI R/O VILL. NAGAON MOUZA NAGAON DIST. BARPETA ASSAM Advocate for the petitioner(s): Ms. I Das Advocate for the respondent(s): Mr. N Haque B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 14.05.2025 Page No.# 2/3 Heard Ms. I Das, the learned counsel appearing on behalf of the petitioner. Mr. N Haque, the learned counsel appears on behalf of the respondent. 2. The supervisory jurisdiction of this Court under Article 227 of the Constitution has been invoked to challenge the order dated 04.02.2023 passed in Misc. Appeal No.10/2022 whereby the appeal was dismissed thereby affirming the order passed by the learned Munsiff No.2 in Misc.(J).Case No.140/2022 thereby granting a mandatory injunction directing the petitioner herein to remove the blockage and reopen the E- Schedule land within 2(two) days from the date of receipt of the order. 3. This Court has duly perused the plaint in Title Suit No.200/2022. 4. Upon perusal of the plaint, it is seen that the petitioner herein has sought for a permanent injunction restraining the main defendants to enter into any part of the D-Schedule land within the B-Schedule land as well as restraining to block the E-Schedule private part within the C-Schedule land creating any obstruction and disturbance in the peaceful enjoyment of the plaintiff after so partitioned. There is no cause of action mentioned in the plaint that the defendant/the petitioner herein had created a blockage in the E-Schedule land in the suit. Without the said aspect being there in the suit, the question of granting of a mandatory injunction on the basis of an application being filed along with the plaint is totally misconceived. 5. Considering the above, this Court, therefore, interferes with the order dated 22.08.2022 passed in Misc.(J)Case No.140/2022 arising out of Title Suit No.200/2022 as well as the Appellate Order which is impugned in the instant proceedings being the order dated 04.02.2023 passed in Misc. Appeal No.10/2022. Accordingly, the instant application stands allowed. Page No.# 3/3 6. Before parting with the record, this Court, however, observes that the interference so made to the impugned order dated 22.08.2022 passed in Misc. (J).Case No.140/2022 as well as the subsequent order dated 04.02.2023 passed in Misc. Appeal No.10/2022 shall not preclude the respondent herein, who are the plaintiff to seek necessary amendment in the plaint as well as also file an application seeking mandatory injunction, if so advised. 7. With the above, the instant application stands disposed of. JUDGE Comparing Assistant