Page No.# 1/6 GAHC010072902025 2025:GAU-AS:11634 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1136/2025 ABDUR RAHMAN S/O LATE MAJAR ALI, RESIDENT OF VILLAGE KATHLATARI, PO KUJARPITH,PS AND DIST BARPETA, ASSAM 781358 VERSUS ABDUL HAMID S/O LATE MAJAR ALI, RESIDENT OF VILLAGE BONGHUGI,PO BONGHUGI, DIST BARPETA, ASSAM 781321 Advocate for the Petitioner : MD IMRAN, MR S M ABDULLAH P,MS F HUSSAIN,MR. S RAHMAN,MD R ISLAM Advocate for the Respondent : MR. S R BARBHUIYA, MR. A K AZAD,MR M HUSSAIN Linked Case : RSA/199/2023 ABDUR RAHMAN S/O LATE MAJAR ALI RESIDENT OF VILLAGE KATHLATARI PO KUJARPITH Page No.# 2/6 PS AND DIST BARPETA ASSAM 781358 VERSUS ABDUL HAMID S/O LATE MAJAR ALI RESIDENT OF VILLAGE BONGHUGI PO BONGHUGI DIST BARPETA ASSAM 781321 ------------ Advocate for : MR. U B SARMA Advocate for : MR. S R BARBHUIYA appearing for ABDUL HAMID BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 19.11.2025 1. Heard Mr. U.B. Sarma, learned counsel for the applicant. Also heard Mr. S.K. Poddar, learned counsel for the respondent. 2. This is an interlocutory application under Order XXXIX Rule 1 and 2, read with Section 151 of CPC, 1908 has been filed by the applicant in connection with RSA No.199/2023, praying for grant of temporary Page No.# 3/6 injunction during the pendency of the connected regular second appeal restraining the opposite parties/respondent herein, his men, heirs, representatives, etc from changing the nature and character of Schedule “B” land in any manner. 3. The learned counsel for the applicant has submitted that the applicant has filed the connected RSA No.199/2023, impugning the judgment and decree dated 17.08.2023, passed in T.A. No.36/2022 by the Court of learned Civil Judge (Senior Division), Barpeta, whereby the judgment and the decree of the trial court i.e. Court of learned Munsiff No.1, Barpeta passed in Title Suit No.45/2013 was reversed and the suit decreed in favour of the respondent. 4. The learned counsel for the applicant has submitted that the said regular second appeal has already been admitted and the substantial questions of law have also been formulated in the connected regular second appeal. 5. The learned counsel for the applicant further submits that by order dated 10.11.2023 passed in I.A (Civil) No.3301/2023, this Court had stayed the judgment and decree dated 17.08.2023, which has been impugned in the connected regular second appeal, during the pendency of the said regular second appeal. 6. The learned counsel for the applicant has also submitted that Page No.# 4/6 even during pendency of the title suit before the trial court and during the pendency first appeal before the First Appellate Court, there was orders of status quo operating in respect of the Schedule “B” land and therefore, during that period, the suit land could not be cultivated. 7. The learned counsel for the applicant further submits that the applicant has started cultivating paddy over Schedule “B” land (suit land) which is not an agricultural land but a residential land, hence, if he is allowed to cultivate the said land, there is every possibility that the nature and character of the suit land would be changed and he would suffer a irreparable loss. He, therefore, seeks grant of temporary injunction against the respondent from cultivating the said land during the pendency of the connected regular second appeal. 8. On the other hand, the learned counsel for the respondent has submitted that the suit land is in possession of the respondent since long and they have been cultivating over the said plot of land since 1996. 9. The learned counsel for the respondent has further submitted that no case for grant of temporary injunction has been made out by the applicant in the instant case. He further submits that apart from the fact that there might be a prima-facie case in as much as the second appeal has been admitted and the execution of the impugned judgment and decree has been stayed, however, the applicants have failed to make out a case of showing irreparable loss to the applicant and that the balance of Page No.# 5/6 convenience in their favour. 10. The learned counsel for the respondent submits that on perusal of the impugned judgment itself, it appears that the question of possession of the present respondent over the suit land is not disputed and even on perusal of the deposition of the present appellant, as DW-1 before the trial court, it appears that he admitted therein that since 2011, the present respondent did not gave any harvest to him which itself indicates that the land has been cultivated by the respondent since 1996. 11. I have considered the submissions made by the learned counsel for the applicant. 12. This Court fails to understand how a plot of land, which is used for the purpose of cultivation, can change the nature and character of the said land so as to cause any damage to it. The only contention of the applicant in this interlocutory application for grant of temporary injunction is that the Schedule land being a residential land is put to cultivation. 13. Though the applicant has not produce any document to show that the suit land is categorized as residential land in revenue records, however, even if same is assumed to be residential land even then by mere putting the said land for paddy cultivation by the respondent, with whom the possession of said land is since 1996 it may not, in the considered opinion of this Court, in any manner damage or degrade the Page No.# 6/6 status of the said land or to change its nature and character. 14. Since the Court is of considered opinion that the applicant has failed to show the existence of essential ingredients which are necessary for getting the relief of temporary injunction, such as balance of convenience, a prima-facie case and suffering of irreparable loss by the applicant in this case, he is not entitled to a relief of temporary injunction at this stage. 15. For the reasons stated above, this interlocutory application is found to be devoid of any merit and accordingly, dismissed. JUDGE Comparing Assistant