Page No.# 1/6 GAHC010025082025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP/19/2025 SYED MD GHAYASSUDDIN AND 5 ORS S/O SAYED MD. MUSTAQUIN, R/O LAKHINATH BEZBARUAH ROAD, SOUTH HAIBARGAON, MOUZA-TOWN, P.S.-SADAR, DIST- NAGAON, ASSAM 2: MUSTT. SHABANA KHATOON W/O SAYED MD. GHAYASSUDDIN R/O LAKHINATH BEZBARUAH ROAD SOUTH HAIBARGAON MOUZA-TOWN P.S.-SADAR DIST- NAGAON ASSAM 3: MUSTT. ASAM KARIM W/O DR. REZAUL KARIM R/O LAKHINATH BEZBARUAH ROAD SOUTH HAIBARGAON MOUZA-TOWN P.S.-SADAR DIST- NAGAON ASSAM 4: MD. ZAFRUL KARIM S/O LATE DR. REZAUL KARIM R/O LAKHINATH BEZBARUAH ROAD SOUTH HAIBARGAON MOUZA-TOWN P.S.-SADAR DIST- NAGAON ASSAM 5: MD. JAVED KARIM S/O LATE DR. REZAUL KARIM Page No.# 2/6 R/O LAKHINATH BEZBARUAH ROAD SOUTH HAIBARGAON MOUZA-TOWN P.S.-SADAR DIST- NAGAON ASSAM 6: MUSSTT. ZAFREEN ZEENAT KARIM D/O LATE DR. REZAUL KARIM R/O LAKHINATH BEZBARUAH ROAD SOUTH HAIBARGAON MOUZA-TOWN P.S.-SADAR DIST- NAGAON ASSA VERSUS MD. MAJIBUR RAHMAN AND 2 ORS. S/O LATE MOFIZUR RAHMAN, R/O BHAGIRATH BORDOLOI PATH, SOUTH HAIBARGAON, MOUZA-TOWN, P.S.-SADAR, DIST- NAGAON, ASSAM 2:MUSSTT. NADIRA HUSSAIN W/O NAIMUL R/O FLAT NO. B-304 EMPIRE RESIDENCY FRIENDS PATH HATIGAON GUWAHATI ASSAM-781038 3:MUSSTT. RABIA AHMED W/O LATE DR. HASAN AHMED R/O FLAT NO. RW-3 LANDMARK RESIDENCY MAHATMA GANDHI ROAD MACHKHOWA GUWAHATI DIST- KAMRUP (M) ASSAM-78100 For the petitioner (s) : Ms. S. Todi, Advocate For the respondent (s) : Mr. P. Deka, Advocate Page No.# 3/6 BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 17.02.2025 Heard Ms. S. Todi, the learned counsel appearing on behalf of the petitioners and Mr. P. Deka, the learned counsel appearing on behalf of the respondents. 2. The instant application filed under Section 115 of the Code of Civil Procedure, 1908 (for short, ‘the Code’) is directed against the order dated 18.05.2023 passed in MJ Case No.141/2022 as well as the order dated 04.11.2024 passed in MJ (Review) Case No.109/2023 by the learned Civil Judge (Junior Division) No.1 (herein after referred to as ‘the learned Trial Court’). 3. This Court has duly heard the learned counsel appearing on behalf of the petitioners and Mr. P. Deka, the learned counsel appearing on behalf of the respondents. The respondents herein as plaintiffs had instituted a suit being Title Suit No.305/2022 seeking a decree for declaring the right, title and interest of the plaintiff over the Schedule-B suit land comprising of a three storied RCC residential building of the plaintiff; a decree for confirmation of possession of the plaintiff over the Schedule-B suit land comprising of the three storied RCC residential building; Page No.# 4/6 a decree for permanent injunction restraining the defendants and their agents, assigns, heirs, legal representatives etc. from forcefully evicting/dispossessing the plaintiff from the Schedule-B land comprising of the three storied RCC building of the plaintiff as described in Schedule-B to the plaint; a decree for permanent injunction restraining the defendant No.3, 4, 5, 6, 7 & 8 from executing any registered Sale Deed in favour of the said defendant Nos.1 & 2 in respect to the Schedule-B suit land comprising of the three storied RCC residential building of the plaintiff as described in Schedule-B to the plaint etc. 4. Along with the said suit, an injunction application was filed which was registered and numbered as MJ Case No.141/2022 seeking an ad-interim temporary injunction restraining the opposite party, their agents etc. from forcefully dispossessing/evicting the petitioners from the Schedule-B land and also removing the tin and bamboo garage from the Schedule-B land and also restrain the opposite party Nos.3, 4, 5, 6, 7 & 8 from executing any registered Sale Deed in favour of the opposite party Nos.1 & 2 in respect to the Schedule-B land. 5. It is relevant to take note of that the plaintiff had filed an application under Section 151 of the Code in the injunction proceedings, i.s. MJ Case No.141/2022 which was registered and numbered as Petition No.961/2023. In the said application, the Page No.# 5/6 plaintiff sought for a direction upon the officials of the Nagaon Municipal Board to stop the enquiry in respect to the three storied RCC building standing over the Schedule-B land in view of the pendency of Title Suit and the injunction proceedings wherein there is an interim status-quo order passed. It is pertinent to mention herein that the Nagaon Municipal Board is not a party to the suit or in the Injunction Application. 6. The learned Trial Court vide the order dated 18.05.2023 in Petition No.961/2023 did not pass any order thereby restraining the Nagaon Municipal Board to make further enquiries, but only directed the Bench Assistant to inform the Nagaon Municipal Board that a suit is pending and an injunction order is granted in respect to the property mentioned therein. 7. This Court had duly perused the order dated 18.05.2023 wherein the learned Trial Court was categorically clear that the learned Trial Court only wanted to inform the Nagaon Municipal Board about the pendency of the suit as well as the injunction proceedings and nothing more. 8. Be that as it may, the petitioners herein who were the defendant Nos.3, 4, 5, 6, 7 & 8 filed an application seeking review of the order dated 18.05.2023 passed in Petition No. 961/2023. The learned Trial Court vide an order dated Page No.# 6/6 04.11.2024 rejected the review application. The reason assigned therein can be very well seen in the order dated 04.11.2024 wherein the learned Trial Court categorically observed that in the order dated 18.05.2023 in Petition No.961/2023, there is no adverse order passed against the petitioners in the Review Petition who were the defendant Nos. 3, 4, 5, 6, 7 & 8 and had only informed the Nagaon Municipal Board about the pendency of Title Suit in the injunction proceedings. 9. Taking into account the order passed on 18.05.2023 as well as the order dated 04.11.2023, it is the opinion of this Court that this is not a fit case for exercise of jurisdiction in terms with Section 115 of the Code or even to exercise the supervisory jurisdiction under Article 227 of the Constitution. The reason being that there is no order passed by the learned Trial Court stopping any enquiry by the Nagaon Municipal Board and it is only an information given to the Nagaon Municipal Board as regards the pendency of the suit and injunction proceedings. 10. In that view of the matter, the instant proceedings stands dismissed. JUDGE Comparing Assistant