Page No.# 1/3 GAHC010277422024 2025:GAU-AS:6452 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/13/2025 ISLAM ALI S/O BHELA ALI, RESIDENT OF JYOTINAGAR, GUWAHATI 21, DIST KAMRUP M ASSAM VERSUS DIPU SARMA AND ORS S/O LATE AMBU NATH SARMA RESIDENT OF JYOTINAGAR , PS CHANDMARI, GUWAHATI 21, PRESENTLY RESING AT BRAHMAPUTRA LODGE, LAST GATE DISPUR GUWAHATI 06 ASSAM 2:ON THE DEATH OF SRI BINDA RAI SMTI CHINTA DEVI W/O LATE BINDA RAI RESIDENT OFJYOTINAGAR OPP. GUWAHATI COLLEGE GUWAHATI 21 DIST KAMRUP M ASSAM 3:VEER CHANDRA RAI S/O LATE BINDA RAI RESIDENT OFJYOTINAGAR OPP. GUWAHATI COLLEGE GUWAHATI 21 DIST KAMRUP M ASSAM 4:SHIV CHANDRA RAI S/O LATE BINDA RAI RESIDENT OFJYOTINAGAR Page No.# 2/3 OPP. GUWAHATI COLLEGE GUWAHATI 21 DIST KAMRUP M ASSAM 5:HARISH CHANDRA RAI S/O LATE BINDA RAI RESIDENT OFJYOTINAGAR OPP. GUWAHATI COLLEGE GUWAHATI 21 DIST KAMRUP M ASSAM 6:ON THE DEATH OF SRI RAMBRISH RAY JAY KISHAN RAY S/O LATE RAMBRISH RAY RESIDENT OFJYOTINAGAR OPP. GUWAHATI COLLEGE GUWAHATI 21 DIST KAMRUP M ASSAM 7:NANDA LAL RAY S/O LATE RAMBRISH RAY RESIDENT OFJYOTINAGAR OPP. GUWAHATI COLLEGE GUWAHATI 21 DIST KAMRUP M ASSA Advocate for the Petitioner : MR. A IKBAL, MS S SIDDIQUA,MR. R BARUAH,MS. J SARMA Advocate for the Respondent : , BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 21.05.2025 Heard Mr G Imtiaz, the learned counsel appearing on behalf of the applicant and Mr R Sarma, the learned counsel appearing on behalf of respondent Nos. 2 (i), 2 (ii), 2 (iii), and 2 (iv) and 3 (i) and 3 (ii). Mr S Bora, the learned counsel appears on behalf of respondent Nos. 4 and 5. Page No.# 3/3 2. None appears on behalf of the respondent No. 1. 3. This is an application filed seeking a temporary injunction, restraining the opposite parties herein, their agents, assigned attorneys, promoters and developers from making any further construction of the suit property, as described in the schedule appended to the said application. 4. It is seen that vide an order dated 01.10.2024, the accompanying appeal has already been admitted by formulating 3 (three) substantial questions of law. 5. This Court enquired with Mr R Sarma, the learned counsel appearing on behalf of the respondent Nos. 2 (i) to 2 (iv) and 3 (i) and 3 (ii), as to whether there is any construction being carried out by the said respondents. It was submitted that the said respondents are not carrying out any construction. 5. The learned counsel for the applicant submits that the respondent No. 1 is also taking steps for construction. 6. Taking into account that the accompanying appeal has already been admitted by formulating the substantial questions of law, this Court is of the opinion that the status quo as regards the property, in so far as construction is concerned, be maintained, till the disposal of the accompanying appeal. 7. Accordingly, this Interlocutory Application stands disposed of. 8. This Court, however, grants liberty to the opposite parties to approach this Court by filing an appropriate application, for modification of the present order, if the appeal stands pending for a long period. JUDGE Comparing Assistant