Page No.# 1/4 GAHC010263872024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3903/2024 M/S MAEYES PRIVATE LIMITED AND 2 ORS REPRESENTED BY ITS MANAGING DIRECTOR, C/O- RAJENDRA NATH GOGOI, R/O- BANIPUR, BYE LANE-4, P.O.- BANIPUR, P.S. AND DISTRICT- DIBRUGARH, ASSAM, PIN- 786003. VERSUS DR. AMRIT KUMAR BARUAH S/O- LATE CHANDRA KANTA BARUAH, R/O- GRAHAM BAZAR, A.T. ROAD, P.O., P.S. AND DISTRICT- DIBRUGARH, ASSAM, PIN- 786001. Advocate for the Petitioner : MR. B D KONWAR SR. ADV., Advocate for the Respondent : MR N N UPADHYAYA, Linked Case : CRP(IO)/406/2024 DR. AMRIT KUMAR BARUAH S/O- LATE CHANDRA KANTA BARUAH R/O- GRAHAM BAZAR A.T. ROAD P.O. P.S. AND DISTRICT- DIBRUGARH ASSAM PIN- 786001. VERSUS Page No.# 2/4 M/S MAEYES PRIVATE LIMITED AND 2 ORS REPRESENTED BY ITS MANAGING DIRECTOR C/O- RAJENDRA NATH GOGOI R/O- BANIPUR BYE LANE-4 P.O.- BANIPUR P.S. AND DISTRICT- DIBRUGARH ASSAM PIN- 786003. 2:DR. RAJENDRA NATH GOGOI S/O- LATE SARAT CHANDR GOGOI R/O- BANIPUR BYE LANE-4 P.O.- BANIPUR P.S. AND DISTRICT- DIBRUGARH ASSAM PIN- 786003. 3:DR. ABHIJIT KUMAR HANDIQUE S/O-SRI KUMUD CHANDRA HANDIQUE R/O- DHAKERI GAON BANIPUR P.O.- BANIPUR P.S. AND DISTRICT- DIBRUGARH ASSAM PIN- 786003. ------------ Advocate for : MR N N UPADHYAYA Advocate for : MR. B D KONWAR SR. ADV. (R1-R3) appearing for M/S MAEYES PRIVATE LIMITED AND 2 ORS BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 09.01.2025 Heard Mr. B.D. Konwar, learned Senior Counsel assisted by Mr. J. Singh, learned counsel for the applicants/respondents and Mr. D.K. Bagchi, learned counsel for the opposite party/petitioner. 2. Pursuant to order dated 08.01.2025, the Registry has tagged the Page No.# 3/4 objection petition filed by the respondents. 3. By this common order, it is proposed to be disposed of the I.A(Civil) No. 3903/2024 along with the C.R.P.(I.O.) No. 406/2024. 4. It is to be noted here that this interlocutory application is preferred by the applicants/respondents for modification of the interim order dated 04.10.2024, passed by this court in C.R.P.(I.O.) No. 406/2024. Vide order dated 04.10.2024, this court has stayed the operation of the order dated 31.08.2024, passed in Misc. Appeal No. 08/2024, by the learned Additional District Judge F.T.C., Dibrugarh, whereby the injunction granted in favour of the opposite party/petitioner by the learned Civil Judge (Senior Division), Dibrugarh, in Misc. (J) Case No. 226/2024, arising out of Title Suit No. 107/2024, was stayed till disposal of the appeal. 5. It is also to be noted here that in the said title suit, the opposite party/petitioner filed one application under Order 39 Rules 1 & 2 of the C.P.C. seeking temporary injunction during the pendency of the said suit, which was registered as Misc. (J) Case No. 226/2024, wherein an interim order was passed by the learned trial court and the applicants/respondents were restrained from carrying out further construction in the suit land and also the notice was issued. 6. During the course of deliberation, without expressing any contention upon the merit of the case, it is submitted by both the parties that the impugned order passed by the learned Additional District Judge F.T.C., Dibrugarh, in Misc. Appeal No. 08/2024, may be set aside and the matter may be remanded to the learned trial court to decide the matter of injunction after affording an opportunity to the applicants/respondents to file objection and also after affording an opportunity of hearing to both the parties. It is further submitted that the interim injunction order so passed by the learned trial court, which was for a limited period has also elapsed as the same has neither been extended nor a prayer being made to that effect. 7. In view of the agreement so arrived at by both the parties and also Page No.# 4/4 considering the facts and circumstances on the record, the matter is remanded to the learned trial court by setting aside the impugned order so passed by the learned Additional District Judge F.T.C., Dibrugrah in Misc. Appeal No. 08/2024, dated 31.08.2024. 8. It is being clarified that this order is passed not on the merit of the case, but on the agreement arrived at by both the parties. 9. The parties are directed to appear before the learned trial court on 20.01.2025 and the applicants/respondents may file objection if so advised and thereafter, the learned trial court shall proceed to hear and dispose of the matter as soon as practicable, preferably within a period of 1 (one) month. JUDGE Comparing Assistant