Gauhati High Court

CRP(IO)/461/2026 of ROMEN CHANDRA BORTHAKUR Vs INDIAN NATIONAL TRADE UNION CONGRESS, ASSAM BRANCH AND 2 ORS. on 22 September 2026

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GAHC010199082026 2026:GAU-AS:14068 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/461/2026 ROMEN CHANDRA BORTHAKUR S/O LATE ARUN CHANDRA BORTHAKUR, R/O HOUSE NO. JW/21, JURIPAR, PANJABARI ROAD, SIX MILE, GUWAHATI, DIST- KAMRUP (M), ASSAM-

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Page No.# 1/2 GAHC010199082026

2026:GAU-AS:14068

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/461/2026 ROMEN CHANDRA BORTHAKUR S/O LATE ARUN CHANDRA BORTHAKUR, R/O HOUSE NO. JW/21, JURIPAR, PANJABARI ROAD, SIX MILE, GUWAHATI, DIST- KAMRUP (M), ASSAM- 781037 VERSUS INDIAN NATIONAL TRADE UNION CONGRESS, ASSAM BRANCH AND 2 ORS. HAVING ITS OFFICE AT K.C. SEN ROAD, PALTAN BAZAR, GUWAHATI, DIST- KAMRUP (M), ASSAM- 781007 2:HIRANYA BORA SO LATE K.P. BORA PRESIDENT ADHOC COMMITTEE OF THE INDIAN NATIONAL TRADE UNION CONGRESS ASSAM BRANCH R/O TARUN NAGAR GUWAHATI DIST- KAMRUP (M) ASSAM- 781005 3:DWIZEN LAHKAR S/O LATE BHAVAN LAHIKAR GENERAL SECRETARY AD HOC COMMITTEE INDIAN NATIONAL TRADE UNION CONGRESS ASSAM BRANCH R/O PANDU RAILWAY STATION COLONY P.O.- PANDU P.S.- JALUKBARI

Page No.# 2/2 DIST- KAMRUP (M) ASSA Advocate for the Petitioner : MR. D K BAGCHI, Advocate for the Respondent : , :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

O R D E R

23.09.2026 Heard Mr. D.K. Bagchi, the learned counsel appearing for the petitioner.

2. This is an application under Article 227 of the Constitution of India challenging the order dated 01.08.2026 passed by the learned Civil Judge (Sr. Divn.) No.1, Kamrup(M) at Guwahati in Misc.(J) Case No.903/2026 arising out of Title Suit No.183/2026.

3. By the said impugned order, the learned trial court passed an ex parte order of injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure (CPC).

4. Aggrieved by the aforesaid order, the present petition has been filed.

5. It is a settled principal of law that when there is a provision for appeal, the petition under Article 227 of the Constitution is not maintainable.

6. The petitioner is advised to file an appeal under Order 43 Rule 1(r) of the CPC against the impugned order. With the aforesaid direction, the instant civil revision petition is disposed of.

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