Kamla Sahai, J.

1. This application by the plaintiff is directed against an order of the 3rd Additional District Jugde of Muzaffarpur dated the 25th September, 1962.

2. The necessary facts may be shortly stated. Admittedly a Government hat is held on plot No. 3532. The plaintiff has two raiyati plots, viz., Plots Nos. 3530 and 3531, close to plot No. 3532. The plaintiff has instituted Title Suit No. 132 of 1961 in the Munsif 1st Court at Muzaffarpur. He has alleged in that suit that a hat is held on his two raiyati plots. He has also alleged that officers of the Government, including the Block Development Officer, Sahra, disturb the holding of the hat by the plaintiff in his two plots, and drive out the hawkers. Among the reliefs which he has prayed for in the plaint is for the issue of a permanent injunction restraining the defendants, the State and the Block Development Officer, from disturbing the hat held in survey plots Nos. 3530 and 3531 by driving out the shop keepers and hawkers therefrom forcibly and also from forbidding the plaintiff from holding his hat as he has been doing.

After the suit was filed, the plaintiff filed a petition graying for ad interim injunctio