Page No.# 1/5 GAHC010112732023 2025:GAU-AS:5999 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : FAO/22/2023 PURABI RAJKHOWA AND 4 ORS. W/O- SRI ARUN RAJKHOWA R/O- NILACHAL APARTMENT PATHORKUWARI GUWAHATI-781171. 2: KARABI KALITA W/O- SRI PULIN BORAH K.B. ROAD WARD NO. 12 NORTH LAKHIMPUR PIN- 787001. 3: BHANU KALITA W/O- SRI DIPEN BORAH R/O- HOUSE NO. 4 KONNACHAL ROAD SILPUKHURI GUWAHATI-781003. 4: SMRITI REKHA KALITA D/O- LATE RAGHAB CH. KALITA R/O- HOUSE NO. 4 KONNACHAL ROAD SILPUKHURI GUWAHATI-781003. 5: PALLABI KALITA W/O- SRI DIBYA JYOTI MAHANTA PARNASHREE APARTMENT FLAT NO. 3 A-2 KONNACHAL ROAD Page No.# 2/5 SILPUKHURI GUWAHATI-781003. VERSUS LAKSHMI KALITA AND ANR. W/O- LATERAGHAB CHANDRA KALITA HOUSE NO. 4 BYE LANE NO. 2 KONNACHAL ROAD SILPUKHURI GUWAHATI-781003. 2:PANKAJ KALITA S/O- LATE RAGHAB CHANDRA KALITA HOUSE NO. 4 BYE LANE NO. 2 KONNACHAL ROAD SILPUKHURI GUWAHATI-781003. ------------ For the Appellant(s) : Mr. A. Das, Advocate For the Respondent(s) : Mr. B.D. Goswami, Advocate Mr. J.M. Gogoi, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 14.05.2025 Heard Mr. A. Das, the learned counsel appearing on behalf of the appellants. Mr. B.D. Goswami, the learned counsel appears on behalf of the respondents. 2. This is an appeal filed under Order XLIII Rule 1(r) read with Section 151 of the Code of Civil Procedure, 1908 (for short, “the Code”) challenging an order dated 17.05.2023 passed by the learned Court of the Civil Judge No. 3, Kamrup (M), Guwahati (hereinafter referred to as, “the learned Trial Court”) in Misc (J) Case No. 491/2023 arising out of Page No.# 3/5 Title Suit No. 293/2023. Vide the impugned order dated 17.05.2023, the learned Trial Court instead of exercising its powers by waiving the notice under Order XXXIX Rule 3 of the Code deemed it appropriate to issue notice upon the respondents before passing any ex-parte ad-interim injunction order. The petitioners herein who were the plaintiffs in the suit have approached this Court that, in the meantime, if any third party rights are being created it would lead to multiplicity of proceedings and as such sought interference with the order dated 17.05.2023 passed in Misc (J) Case No. 491/2023. 3. This Court has duly perused the application filed seeking injunction which was registered and numbered as Misc (J) Case No. 491/2023. From a perusal of the said application and, more particularly, at paragraph No. 9, it is seen that there is an allegation made that on 22.02.2023, the appellants herein have come to learn that the respondents herein were negotiating for selling/ developing/ creating third party interest over the suit property and/ or change the nature and character of the suit property. However, the suit was filed on 15.05.2023. If the appellants could have waited for nearly three months for the purpose of filing the suit and seeking an injunction, this Court finds no error in exercise of the jurisdiction by the learned Trial Court in issuance of a notice prior to the grant of an ad-interim ex-parte injunction. 4. Additionally, this Court is of the opinion that the jurisdiction exercised by the Appellate Court over an order wherein the learned Trial Court, in the exercise of its equitable jurisdiction, decided not to grant an ad-interim ex parte injunction is very limited and as such the question of interfering with the order dated 17.05.2023 does not arise. Page No.# 4/5 5. This Court also enquired with the learned counsel appearing on behalf the respondents who are the defendants in the suit, as to whether, any written objection has been filed to their injunction application before the learned Trial Court. 6. Mr. B. D. Goswami, the learned counsel appearing on behalf of the respondents submitted that no written objection has been filed taking into account that the injunction proceedings are pending before this Court. He further submitted that the written statement has already been filed in the suit and issues have also been framed. 7. Taking into account that the said written objection to the injunction application have not been filed, this Court grants 15 (fifteen) days time to the respondents herein who are the defendants/ the opposite parties in the injunction proceedings to file their written objection before the learned Trial Court i.e. on or before 02.06.2025. This Court further directs the learned Trial Court to dispose of the said injunction application at the earliest and preferably on or before 27.06.2025. 8. This Court had enquired with the learned counsel for the respondents as to whether the respondents are proposing to alienate the suit property. 8. Mr. B. D. Goswami, the learned counsel appearing on behalf of the respondents submitted that there is no attempt on the part of the respondents herein to create any third party rights in respect to the suit property. 9. This Court for the interest of justice observes that till the disposal of the said injunction application, there shall not be any creation of any Page No.# 5/5 third party rights over the suit property by both the parties to the suit. This Court further finds it relevant to observe and clarify that the direction given to the parties herein not to create any third party rights till the disposal of the injunction application shall not influence the learned Trial Court while deciding the injunction application. 10. With the above, the instant appeal stands disposed of. JUDGE Comparing Assistant