Page No.# 1/4 GAHC010284722025 2026:GAU-AS:7137 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/534/2025 SONJIB GOGOI S/O- LATE PRABHAT CH. GOGOI, R/O- NAWJAN GAON, P.O. BETBARI, P.S. AND DIST. SIVASAGAR, ASSAM VERSUS KAMESWAR SAHU AND 7 ORS S/O- SRI GANESH SAHU, R/O- NAMTIAL PATHAR, P.O. NAMTIAL PATHAR, P.S. AND DIST. SIVASAGAR, ASSAM 2:NILO GOGOI S/O- KAMAL GOGOI R/O- NAMTIAL PATHAR P.O. NAMTIAL PATHAR P.S. AND DIST. SIVASAGAR ASSAM 3:KOILAYAN GOGOI S/O- SRI NILO GOGOI R/O- NAMTIAL PATHAR P.O. NAMTIAL PATHAR P.S. AND DIST. SIVASAGAR ASSAM 4:JITU GOGOI S/O- LATE SAITYA GOGOI R/O- NAMTIAL PATHAR P.O. NAMTIAL PATHAR P.S. AND DIST. SIVASAGAR ASSAM 5:TILO BORAH Page No.# 2/4 S/O- LATE DUTIRAM BORAH R/O- NAMTIAL PATHAR P.O. NAMTIAL PATHAR P.S. AND DIST. SIVASAGAR ASSAM 6:RAJKUMAR DAS S/O- LATE JOY DAS R/O- NAMTIAL PATHAR P.O. NAMTIAL PATHAR P.S. AND DIST. SIVASAGAR ASSAM 7:SMTI SUNITA DAS W/O- SRI RAJKUMAR DAS R/O- NAMTIAL PATHAR P.O. NAMTIAL PATHAR P.S. AND DIST. SIVASAGAR ASSAM 8:DHRUBAJYOTI GOGOI C/O- PUNASHOR GOGOI R/O- NAMTIAL PATHAR P.O. NAMTIAL PATHAR P.S. AND DIST. SIVASAGAR ASSA Advocate for the Petitioner : MR. P J SAIKIA, B SHARMA,MUFIDUL ISLAM,MS S Z HAYAT,MR. M R SODIAL Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA ORDER Date : 22.05.2026 Heard Mr. M. Islam, learned counsel for the petitioner. 2. The petitioner is the plaintiff in Title Suit No. 10 of 2023. The petitioner had filed an injunction application under Order XXXIX Rules 1 and 2 read with Page No.# 3/4 Section 151 CPC before the Court of learned Munsiff No. 1, Sivasagar, which was registered as Misc. (J) Case No. 49 of 2023. The learned Civil Judge (Junior Division) No. 1, Sivasagar, by an order dated 26.02.2024, considering the materials before it, was of the opinion that the preservation of the subject matter of the suit was required till the Court adjudicates the disputes and accordingly, directed both parties to maintain status quo over the land and accordingly, Misc. (J) Case No. 49 of 2023 was disposed of on contest by the said order dated 26.02.2024. 3. It appears that by alleging violation of the order of injunction, an application has been filed by the petitioner under Order XXXIX Rule 2A of the CPC, which was registered as Misc. (J) Case No. 55 of 2024 arising in T.S. No. 10 of 2023. In the said proceedings of Misc. (J) Case No. 55 of 2024, as per the last order sheet annexed dated 01.04.2025, the case was fixed on 02.05.2025 for further evidence of the petitioner's side. 4. In the said background, the petitioner has filed this application under Article 227 of the Constitution of India read with Section 115 of the CPC. The prayer contained in this application is extracted below: “In the premises aforesaid it is, therefore, prayed that your Lordships would graciously be pleased to admit this petition, call for the records and issue a rule calling upon the respondents/defendants in the suit, to show cause as to why appropriate order should not be passed for violating the status quo order dated 26.2.2024 passed in Misc. (J) Case No-49/2023 arising out of TS No-10/23 pending before the learned Court of the Civil Judge (Jr. Div.) No-2, Sivasagar under O-39 R-2A of CPC and/or further be pleased to direct the Civil Judge (Jr. Div.) No-2, Sivasagar to pass appropriate order as fixed by initial order dated 15.7.24 on the violation petition, which is registered as Misc. (J) Case No-55/2024 so that the changing of nature and character of the suit land may be protected and the violators may get appropriate punishment as contemplated under O-39 R-2A of CPC and after hearing the parties and on perusal of records and causes being shown, if any, be pleased to interfere with the course of Page No.# 4/4 action undertaken by the Civil Judge (Jr. Div.) No-2, Sivasagar in dealing with Misc. (J) Case No-55/2024 directing the said learned Court to protect and prevent the violation of the status quo order dated 26.2.2024 passed in Misc. (J) Case No-49/2023 thereby allowing the instant petition by exercising power of revision by this Hon’ble Court for the ends of justice and/or pass such order or orders as your Lordship may deem fit and proper in the facts and circumstances of the case.” 5. This application is nothing but an abuse of the process of Court. When the petitioner has already approached the learned trial Court by filing an application under Order XXXIX Rule 2A alleging violation, the prayer made for directing the respondents to show cause as to why appropriate order should not be passed for violating status quo order, and that too under Article 227 read with Section 115 of the CPC, is not tenable. 6. Under Article 227 of the Constitution of India, this Court exercises superintending jurisdiction and under Section 115 of the CPC, the Court is exercising revision jurisdiction and the prayer made in this application would amount to an original adjudication, which is impermissible under both the provisions of law. 7. Accordingly, this application stands dismissed. 8. The Registry shall send a copy of this order to the learned Civil Judge (Junior Division) No. 1, Sivasagar, for record. JUDGE Comparing Assistant