GUWAHATI, India, March 24 -- Gauhati High Court issued the following order on Feb. 20:

1. Heard Mr. D. Chakrabarty, learned counsel for the petitioner.

2. In this petition, under Article 227 of the Constitution of India, the petitioner has challenged the order dated 22.12.2025, and the subsequent order dated 20.01.2026, passed by the learned Civil Judge (Junior Division) No. 4, Cachar, Silchar, in petition No. 65/14, connected with Misc. (J) Case No. 371/2025, arising out of Title Suit No. 95/2025.

3. It is to be noted here that vide impugned order dated 22.12.2025, and the subsequent order dated 20.01.2026, the learned Civil Judge (Junior Division) No. 4, Cachar, Silchar ('Trial Court', for short) had allowed the prayer for adjournment by the respondent Nos. 9 and 10.

4. Mr. Chakrabarty, learned counsel for the petitioner submits that the petitioner had filed one title suit, being Title Suit No. 95/2025, along with Misc. (J) Case No 371/2025, before the learned Trial Court on 26.06.2025, and the same is pending. Mr. Chakrabarty also submits that thereafter, vide order dated 03.07.2025, the prayer of the petitioner for ad-interim injunction, made in Misc. (J) Case No. 371/2025, dispensing with the notice, was not granted, instead notice was issued, and as in the schedule land the respondents continued with the construction work, on 14.07.2025, the petitioner had filed one petition for appointment of Advocate's Commissioner and inspection of schedule land, and thereafter, vide order dated 17.07.2025, notice was issued to the respondents in petition No. 65/14. Mr. Chakrabarty further submits that thereafter, on 23.07.2025, 30.07.2025 and 08.09.2025, adjournments were sought for by respondent Nos. 1, 9 and 10, for filing objection against injunction petition and in the petition No. 65/14. And thereafter, vide order dated 22.09.2025, the learned Trial Court had decided to proceed ex-parte against all the respondents/defendants, except respondent/defendant No. 1. Mr. Chakrabarty also submits that thereafter, on 22.12.2025, written objection was filed by the respondent No. 1 in petition No. 65/14 and adjournment petition was filed by the respondent Nos. 9 and 10, seeking time to file written objection, which was allowed, vide impugned order dated 22.12.2025. Thereafter, on 20.01.2026, the matter was again adjourned by giving opportunity to the respondent Nos. 9 and 10 for filing objection even in the absence of the said respondents without steps.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=I1mmm2bl4r4EREhYK63Kv%2F%2FT9DZxEczjLeUjBUpUi97lSjcZf0vRegSGByOWhhHf&caseno=CRP(IO)/45/2026&cCode=1&cino=GAHC010030032026&state_code=6&appFlag=)

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