Page No.# 1/4 GAHC010027492025 2025:GAU-AS:2355 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/71/2025 NIBIR BORDOLOI S/O NABAJYOTI BORDOLOI, R/O A.T. ROAD, WARD NO. 6, SIVASAGAR TOWN, P.O. AND P.S.-SIVASAGAR, DIST- SIVASAGAR, ASSAM, PIN-785640 VERSUS SMTI MALOBIKA MAHANTA AND 4 ORS. W/O SRI SOURABH MAHANTA, R/O BANMUKH, JOYRAPAR, P.O.- JOYRAPAR, P.S.-SIVASAGAR, DIST- SIVASAGAR, ASSAM, PIN-785697 2:SOURABH MAHANTA S/O LT. NARAYAN MAHANTA R/O BANMUKH JOYRAPAR P.O.-JOYRAPAR P.S.-SIVASAGAR DIST- SIVASAGAR ASSAM PIN-785697 3:LAXMIKANTA DUTTA PROPRIETOR OF INDUSTRIAL ART R/O SEUJPAR LANE OLD AMOLAPATTY SIVASAGAR TOWN WARD NO. 10 P.O. AND P.S.-SIVASAGAR DIST- SIVASAGAR ASSAM PIN-785640 4:RANJIT KUMAR DUTTA Page No.# 2/4 S/O LT. TANKESWAR DUTTA R/O WARD NO. 9 PART 3 P.S.-NORTH LAKHIMPUR DIST-LAKHIMPUR ASSAM PIN-787001 5:SUBHASISH GOGOI S/O SRI UPEN CHANDRA GOGOI R/O OLD AMULAPATTY NEAR BAKULBARI L.P. SCHOOL JIBESHWAR CHAKRAWATI PATH SIVASAGAR P.O. AND P.S.-SIVASAGAR DIST- SIVASAGAR ASSAM PIN-78564 For the Petitioner(s) : Mr. S.A. Ahmed, Advocate For the Respondent(s) : Mr. T.J. Mahanta, Sr. Advocate Ms. P. Bhattacharjee, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 05.03.2025 Heard Mr. S.A. Ahmed, the learned counsel appearing on behalf of the petitioner. Mr. T.J. Mahanta, the learned Senior Counsel assisted by Ms. P. Bhattacharjee, the learned counsel appears on behalf of the respondents. 2. This is an application filed under Article 227 of the Constitution of India challenging the order dated 16.01.2025 passed by the Court of the learned Civil Judge (Senior Division), Sivasagar (hereinafter referred to as, “the learned Trial Court”) in Misc.(J) Case No. 25/2023 arising out of Title Suit No. 10/2023 whereby the learned Trial Court had directed due Page No.# 3/4 compliance to the order dated 21.03.2023 and in that regard further permitted the use of Police force. 3. It is relevant to take note of that the learned Trial Court had passed an order on 21.03.2023 in Misc. (J) Case No. 08/2023 thereby granting a temporary mandatory injunction directing the respondents/the defendants to remove the locks from the shutters of the shop described in Schedule-C to the plaint. It is important to note herein that the suit was valued at Rs. 41,50,000/-. However, on legal advice, the petitioner herein preferred an appeal before the Court of the learned Additional District Judge, Sivasagar challenging the order dated 21.03.2023 passed by the learned Trial Court in Misc (J) Case No. 08/2023. The said appeal was registered and numbered as Misc. Appeal No. 01/2023. The learned Additional District Judge, Sivasagar, however without taking note of that the suit was valued more than Rs. 20,000,00/- and as such did not have the pecuniary jurisdiction stayed the order dated 21.03.2023 passed by the learned Trial Court. Subsequently, vide a detailed order dated 31.05.2024 allowed the said Misc. Appeal No. 01/2023. 4. The respondents herein being aggrieved preferred an application under Article 227 of the Constitution of India challenging the order dated 31.05.2024 passed by the learned Additional District Judge, Sivasagar in Misc. Appeal No. 01/2023. The learned Coordinate Bench of this Court vide an order dated 01.08.2024 passed in CRP(IO) Case No. 217/2024 set aside the said order dated 31.05.2024 passed in Misc. Appeal No. 01/2023 on the ground that when the suit was valued at Rs. 41,50,000/-, the learned Additional District Judge, Sivasagar did not have the jurisdiction. The consequential effect of the said order passed by the Page No.# 4/4 learned Coordinate Bench of this Court in CRP(IO) Case No. 217/2024 is that the order dated 21.03.2023 passed in Misc. (J) Case No. 08/2023 by the learned Trial Court became operative. 5. At this stage, it is very pertinent to mention that pursuant to the passing of the order on 21.03.2023, as the petitioner herein did not comply with the said directions passed therein, the respondents herein filed an application on 29.03.2023 which was registered and numbered as Misc. (J) Case No. 25/2023. Consequent to the setting aside of the order dated 31.05.2024 in Misc Appeal No. 01/2023 by the learned Coordinate Bench of this Court vide the order dated 01.08.2024 passed in CRP(IO) Case No. 217/2024, the said application was taken up by the learned Trial Court and the impugned order was passed on 16.01.2025 thereby directing implementation of the order dated 21.03.2023 with the help of Police force. 6. Taking into account that the order dated 21.03.2023 was in operation and there was non-compliance by the petitioner, this Court finds no ground to interfere with the order dated 16.01.2025 passed in Misc. (J) Case No. 25/2023, for which, the instant petition stands dismissed. 7. However, the dismissal of the instant petition shall not preclude the petitioner to approach this Court by filing an appeal against the order dated 21.03.2023 passed in Misc. (J) Case No. 08/2023, if so advised. JUDGE Comparing Assistant