Page No.# 1/5 GAHC010147662024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : FAO/56/2024 NARAYAN SHARMA @ NARAYAN SHARMA AND 2 ORS S/O LATE DURGA DUTTA SHARMA RESIDENT OF GAYATRI CHOWK MAKUM ROAD, TINSUKIA TOWN, PS TINSUKIA, DIST TINSUKIA, ASSAM 786125 2: SRI PARMESHWAR LAL SHARMA S/O LATE DURGA DUTTA SHARMA RESIDENT OF GAYATRI CHOWK MAKUM ROAD TINSUKIA TOWN PS TINSUKIA DIST TINSUKIA ASSAM 786125 3: SRI PAWAN KUMAR BHATIWARA S/O LATE DURGA DUTTA SHARMA RESIDENT OF GAYATRI CHOWK MAKUM ROAD TINSUKIA TOWN PS TINSUKIA DIST TINSUKIA ASSAM 78612 VERSUS SUBASH CH SHARMA AND ANR S/O SRI JUGAL KISHORE SHARMA, RESIDENT OF JALAN KATLA, NEW MARKET, DIBRUGARH TOWN, PO AND PS AND DIST DIBRUGARH, ASSAM 786005 2:SMTI BIMLA DEVI SHARMA W/O SRI JUGAL KISHORE SHARMA RESIDENT OF JALAN KATLA NEW MARKET DIBRUGARH TOWN Page No.# 2/5 PO AND PS AND DIST DIBRUGARH ASSAM 78600 For the appellant (s) : Mr. S. Chamaria, Advocate Mr. M. M. Zaman, Advocate For the respondent (s) : Mr. Mr. K. Agarwal, Sr. Advocate Mr. D. K. Chomal, Advocate BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 06.02.2025 Heard Mr. S. Chamaria, the learned counsel appearing on behalf of the appellants and Mr. K. Agarwal, the learned senior counsel assisted by Mr. D. K. Chomal, the learned counsel appearing on behalf of the respondents. 2. The appellants herein had filed a suit before the Court of the Civil Judge (Senior Division) at Tinsukia seeking specific performance of an agreement for sale dated 05.08.2023 and for permanent injunction restraining the defendants, their agents, men etc. from selling/alienating/transferring the suit land by whatever mode and from changing the nature and character of the suit land. Along with the said suit which has been registered and numbered as Title Suit No.37/2024, the appellants have also filed an application under Order XXXIX, Rule 1 & 2 read with Section 151 of the Code of Civil Procedure, 1908 for passing of a temporary Page No.# 3/5 injunction restraining the opposite parties, their agents, men etc. from selling/alienating/transferring the suit land by whatever mode and from changing the nature and character of the suit land. The said application for injunction was registered and numbered as Misc.(J) Case No.78/2024. It is seen that the learned Trial Court, i.e. the Court of the Civil Judge (Senior Division) at Tinsukia did not pass an ex-parte ad-interim temporary injunction and instead issued notice to the opposite parties thereby fixing 24.07.2024 for SR and written objection. Being aggrieved by the order dated 11.06.2024, the present Appeal has been filed. 3. It is relevant to take note of that the instant Appeal was taken on board by this Court on 26.07.2024 on which date notice was issued making it returnable by four weeks. It is further relevant to take note of that this Court had passed an order of injunction on 26.07.2024 in I.A.(C) No.2202/2024, whereby there was a direction that till the returnable date, status-quo in respect of the suit property be maintained by both sides. It was further clarified that no third party rights shall be created in respect to the suit land. The said interim order which was passed on 26.07.2024 has been continued from time to time. 4. It is further submitted by both the learned counsels appearing on behalf of the appellants as well as the respondents that pursuant to the notice being issued, the respondents who were the Page No.# 4/5 defendants in the suit as well as the opposite party to the injunction proceedings have filed their written statement-cum- counterclaim as well as their written objections to the injunction application. However, taking into account the present proceedings, the injunction proceedings before the learned Trial Court have been kept in abeyance. 5. The learned Trial Court is in session of an injunction proceedings. It is the opinion of this Court that there is no requirement of having two parallel injunction proceedings, and as such, it would be proper that the instant Appeal be disposed off thereby directing the learned Trial Court to dispose of the said injunction application being Misc.(J) Case No.78/2024 at the earliest. 6. Accordingly, the instant Appeal stands disposed of with the following observations and directions:- (i) It has been brought to the attention of this Court that the injunction proceedings before the learned Trial Court have been kept in abeyance in view of the pendency of the instant proceedings. Accordingly, both the parties are directed to appear before the learned Trial Court in respect to the injunction proceedings on 14.02.2025 and shall produce a certified copy of the instant order. (ii) Upon the appearance, the learned Trial Court shall fix a Page No.# 5/5 date for hearing on the injunction application being Misc.(J) Case No.78/2024. (iii) This Court further requests the learned Trial Court to dispose of the said injunction application as expeditiously as possible and preferably on or before 17.03.2025. (iv) This Court further directs that the injunction order so passed in I.A.(C) No.2202/2024 passed on 26.07.2024 by this Court thereby directing both the parties to maintain status- quo in respect to the suit property shall continue till the disposal of the said injunction application before the learned Trial Court. (v) This Court further directs that till the disposal of the injunction application, no third party rights shall be created in respect to the suit land by either of the parties. (vi) The above directions so passed shall not prejudice either of the parties in the injunction proceedings before the learned Trial Court and the injunction proceedings be decided without being influenced by the above observations made herein. JUDGE Comparing Assistant