Page No.# 1/3 GAHC010235392025 2025:GAU-AS:14664 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : FAO/67/2025 PARTHA PRATIM BARMAN S/O- LATE PHATIK CHANDRA BARMAN AND SMTI ANJANA BARMAN, PERMANENT RESIDENT OF VILL.- JAPARKUCHI, P.O. AND P.S. NALBARI, DIST. NALBARI, ASSAM, PIPN- 781334, PRESENTLY POSTED AND RESIDING AT CIRCLE OFFICE, MANKACHAR REVENUE CIRCLE, DIST. SOUTH SALMARA, ASSAM VERSUS JEBIN SULTANA AHMED D/O- MAZBAH UDDIN AHMED, PERMANENT RESIDENT OF WARD NO. 14, COLLEGE ROAD, DHUBRI, P.O. BIDYAPARA, P.S. AND DIST. DHUBRI, ASSAM, PIN- 783324. Advocate for the Petitioner : MR. N N JHA, MR. M BERIA,MR B DEKA Advocate for the Respondent : , Linked Case : I.A.(Civil)/3392/2025 PARTHA PRATIM BARMAN S/O- LATE PHATIK CHANDRA BARMAN AND SMTI ANJANA BARMAN PERMANENT RESIDENT OF VILL.- JAPARKUCHI P.O. AND P.S. NALBARI DIST. NALBARI ASSAM Page No.# 2/3 PIPN- 781334 PRESENTLY POSTED AND RESIDING AT CIRCLE OFFICE MANKACHAR REVENUE CIRCLE DIST. SOUTH SALMARA ASSAM VERSUS JEBIN SULTANA AHMED D/O- MAZBAH UDDIN AHMED PERMANENT RESIDENT OF WARD NO. 14 COLLEGE ROAD DHUBRI P.O. BIDYAPARA P.S. AND DIST. DHUBRI ASSAM PIN- 783324. ------------ Advocate for : MR. N N JHA Advocate for : appearing for JEBIN SULTANA AHMED BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 31.10.2025 1. Heard Mr. N. N. Jha, learned counsel for the appellant. 2. This Appeal has been filed under Order 43 Rule 1(r) of the Code of Civil Procedure read with Section 151 of the C.P.C against the order dated 14.10.2025, passed by the learned Civil Judge (Sr. Division), Dhubri in Misc.(J) Case No.108/2025, arising out of Title Suit No.61/2025. 3. The petitioner filed the Title Suit No.61/2025 and also filed an application under Order XXXIX Rule 1 & 2 read with Section 151 of the Code of Civil Procedure, praying for ad interim injunction also. The Trial Court registered the said application as Misc.(J) Case No.108/2025 and directed that notice should be issued as to why mandatory injunction shall not be granted. Page No.# 3/3 4. It may be mentioned that the petitioner wanted an ad interim injunction apart from a mandatory injunction but, no notice was given regarding the prayer for ad interim injunction. 5. Therefore, the impugned order is bad in law and stands interfered with. 6. The petitioner is directed approach the Trial Court on 06.11.2025 and press the prayer for ad interim injunction. The Trial Court shall consider his prayer and pass appropriate order to that effect. 7. With the aforesaid direction, this Appeal along with the connected I.A. (Civil) No.3329/2025 stand disposed of. JUDGE Comparing Assistant