Page No.# 1/4 GAHC010237102018 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/356/2018 DHANESH SHAH S/O. LT. BINDESWAR SHAH, R/O. S. DOHOTIA ROAD, TINSUKIA TOWN, DIST. TINSUKIA, ASSAM. VERSUS SABITRI DEBI AND 10 ORS. W/O. LT. GANESH SHAH, R/O. TRUCK STAND, SHUKLA BUILDING, TINSUKIA TOWN, DIST. TINSUKIA-786125, ASSAM. 2:BABULAL SHAH S/O. LT. GANESH SHAH R/O. TRUCK STAND SHUKLA BUILDING TINSUKIA TOWN DIST. TINSUKIA-786125. 3:HIRALAL SHAH S/O. LT. GANESH SHAH R/O. TRUCK STAND SHUKLA BUILDING TINSUKIA TOWN DIST. TINSUKIA-786125. 4:SMT. SITA DEBI W/O. LAXMI SHAH R/O. ASTC BUS STAND TINSUKIA TOWN DIST. TINSUKIA-786125 Page No.# 2/4 ASSAM. 5:SMT. GITA DEBI W/O. SRI BHOLA SHAH R/O. OPPOSITE ASTC BUS STAND TINSUKIA TOWN DIST. TINSUKIA-786125 ASSAM. 6:SMT. SHIVKUMARI DEBI W/O. LT. MAHESH SHAH R/O. TRUCK STAND SHUKLA BUILDING TINSUKIA TOWN DIST. TINSUKIA-786125 ASSAM. 7:SURAJ SHAH S/O. LT. MAHESH SHAH R/O. TRUCK STAND SHUKLA BUILDING TINSUKIA TOWN DIST. TINSUKIA-786125 ASSAM. 8:SHAKTI SHAH S/O. LT. MAHESH SHAH R/O. TRUCK STAND SHUKLA BUILDING TINSUKIA TOWN DIST. TINSUKIA-786125 ASSAM. 9:BHAKTI SHAH S/O. LT. MAHESH SHAH R/O. TRUCK STAND SHUKLA BUILDING TINSUKIA TOWN DIST. TINSUKIA-786125 ASSAM. 10:MS. SUJATA SHAH Page No.# 3/4 D/O. LT. MAHESH SHAH R/O. TRUCK STAND SHUKLA BUILDING TINSUKIA TOWN DIST. TINSUKIA-786125 ASSAM. 11:SMT. KAMALI DEBI W/O. SRI BISWAMBHAR SHAH R/O. NEAR TELEPHONE EXCHANGE GRAHAM BAZAR DIBRUGARH TOWN DIST. DIBRUGARH-786001 ASSAM For the petitioner (s) : Ms. S. Todi, Advocate For the respondent (s) : Mr. S. Islam, Advocate BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 05.03.2025 Heard Ms. S. Todi, the learned counsel appearing on behalf of the petitioners. Mr. S. Islam, the learned counsel appears on behalf of the respondents. 2. This is an application filed under Article 227 of the Constitution challenging the order dated 21.12.2017 whereby the Court of the learned Civil Judge, Tinsukia had rejected the application which was registered as Petition No.5712/2017 in Title Suit No.14/2016 holding inter-alia that no case has been made out for grant of the relief sought for in the said application. Page No.# 4/4 3. It is pertinent to take note of that the said application was filed by the petitioner seeking a direction that the defendants should remove the lock from the room and give back possession thereof to the plaintiff forthwith. The said petition is at Annexure- VII of the instant application. 4. This Court further expresses its shock upon a perusal of the said petition whereby the petitioner sought for a temporary mandatory injunction on the basis of a verification and not even on the affidavit. On that basis itself, in the opinion of this Court, the learned Trial Court was justified in rejecting the said application vide the impugned order dated 21.12.2017. 5. Considering the above, the instant petition stands dismissed. 6. However, in the peculiar facts of the case, this Court is not inclined to impose any cost. JUDGE Comparing Assistant