Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010222622025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : FAO/65/2025 SUNIL BAJORIA SON OF LATE BHAGWATI PRASAD BAJORIA, RESIDENT OF MANI BHAWAN, LOWER POLICE BAZAR, SHILLONG-793001. VERSUS M/S SOHANLAL SUMERMAL AND 2 ORS.
REPRESENTED BY ONE OF ITS PARTNERS SMTI. PRABHA DEVI KOTHARI, WIFE OF RAJENDRA KUMAR KOTHARI, ADDRESS- - M.S. ROAD, FANCY BAZAR, GUWAHATI, PIN- 781001, DISTRICT- KAMRUP M, ASSAM 2:PRABH DEVI KOTHARI WIFE OF SRI RAJENDRA KUMAR KOTHARI ADDRESS- C/O- M/S SOHANLALSUMERMAL KOTHARI M.S. ROAD FANCY BAZAR GUWAHATI-781001.
3:RAJENDRA KUMAR KOTHARI SON OF LATE SUMERMAL KOTHARI ADDRESS- C/O- M/S SOHANLAL SUMERMAL KOTHARI M.S. ROAD FANCY BAZAR GUWAHATI- 78100 Advocate for the Petitioner : MR M M ZAMAN, MR A N SARMAH,MR. S CHAMARIA Advocate for the Respondent : FOR CAVEATOR, MS N RAHMAN
Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 14.10.2025
1. Heard Mr. S. Chamaria, learned counsel for the appellant. Also heard Mr. P. Khataniar, learned senior counsel for the respondents.
2. This appeal under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 has been filed by the appellant, namely, Sunil Bajoria impugning the order dated 19.09.2025 passed by the Court of the learned Civil Judge (Senior Division) No. 1, Kamrup(M) in Misc.(J) Case No. 879/2025 in connection with Title Suit No. 574/2025. By the impugned order, ex-parte interim injunction was granted in favour of the respondents.
3. The learned counsel for the appellant has submitted that the Misc. case in which the impugned order was passed is fixed before the Trial Court today only and, therefore, the appellant does not want to pursue this matter. He only prays for an observation that the Misc. case in which the ex-parte interim order was granted may be disposed of in pursuant to the statutory provisions within thirty days.
4. The learned senior counsel for the respondent also does not oppose the prayer as the learned counsel petitioner is not pressing the matter.
5. Considering the submissions made by the learned counsel for both sides, this FAO is hereby disposed of with an observation that the Trial Court shall make all endeavours to dispose of the Misc.(J) Case No. 879/2025 within thirty days from the date of this order as per the statutory prescription provided in the Code of Civil Procedure, 1908. JUDGE Comparing Assistant