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Without making a prayer for permanent injunction in plaint, no temporary injunction can be granted

In Ibrahim Ali Barbhuiya vs Musstt Rustana Begum before the Guwahati High Court, the review petitioner have prayed for ad-interim injunction for restraining the opposite parties from disturbing the possession of the petitioners in respect of the land mentioned in Schedule-2 to 5 of the plaint. As this Court would have to deal with the same set of facts in both the cases, for convenience, both the matters have been heard and decided together.

The review petitioners are the appellants in RFA 63/2016, and they are the plaintiffs in T.S. 13/1997. The said suit was for declaration of title and partition. The said suit was dismissed by the judgment and decree dated 05.09.2016 passed by the learned Civil Judge, Hailakandi, inter-alia, on the ground that the suit was not maintainable in its present form and that the suit was bad for non-joinder of necessary parties. However, liberty was granted that the petitioners are not precluded from instituting a suit afresh by impleading all the necessary parties. The said judgment is assailed in the accompanying RFA 63/2016.

The Court while dismissing the review petition found that only temporary injunction has been prayed and referring to the decision of the Guwahati Court in the case of Gadadhar Barman Vs. Ranendra Mohan Paul held that without making a prayer for permanent injunction in the plaint, no temporary injunction can be granted.

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