The appeal was very much maintainable as it was granted by Rule 28 of The United Khasi Jaintia Hills Autonomous District Administration of Justice Rules, 1953.
18 SH of 2010 filed by the Respondent.
I am also satisfied that the petitioner shall suffer irreparable loss and injury if the ad interim injunction is number granted as it can be evaluated from the materials available on the record, without giving into the merits of the case, hence the ad interim injunction is granted as prayed for.
A Civil Revision Petition was filed against the said order, and by the impugned order dated 27th April, 2012, the revision was allowed stating that since an appeal had been filed within 30 days of the ad interim ex parte order, it would number be maintainable under the Code of Civil Procedure and, therefore, the appellate order was set aside.
Therefore, the ad interim injunction is granted to the petitioner whereby the opposite parties No.1 4 or their agents or any persons acting on their behalf or instruction from the opposite parties No.
16 of 2009.
By an order dated 29th October, 2009, the District Council Court admitted an appeal against the said order and stayed it.
The District Council Court may hear the appeal itself or may endorse it for hearing to the Additional District Council Court Provided that when the District Council Court is number sitting by reason of its Presiding Officer being on leave or otherwise, the appeal shall lie to the Additional District Court.
District Council Court to be a Court of Appeal Subject to the provision of rules 30 and 32, the District Council Court shall be a Court of appeal in respect of all suits and cases triable by Additional Subordinate District Council Court.
Provided further that such appeals are, accompanied by a companyy of the order appealed against and a clear statement of the ground of appeal, and are filed within sixty days from the date of the order, excluding the time required for obtaining a companyy of the order appealed against.
1 4 are hereby restrained from entering or working in the suit land as per schedule mentioned in the plaint.
The appeal arises out of an ex parte ad interim injunction passed by the Subordinate District Council Court in a suit instituted by the Respondent, which is registered as Title Suit No.
By a further order dated 9th March, 2010, the ad interim ex parte injunction was set aside as the District Council Court allowed the appeal.
On 30th September, 2009, an ad interim ex parte injunction was granted by the Subordinate District Council Court, in the following terms On careful perusal of the same, I am satisfied that there is an urgency in the matter for restraining the opposite parties from entering into the suit land.
The instant appeal by way of a Special Leave to Appeal has been filed against the judgment and final order dated April 27, 2012 passed by the High Court of Gauhati, Shillong Bench at Shillong in Civil Revision Petition No.
F.Nariman, J. Special leave granted.
