Heard.

2. This is plaintiffs application challenging the order of the trial court by which the trial court has not agreed to restore status quo as on the date of filing of injunction application.

3. The principal defendant no.1 has appeared as opposite party.

4. The case of the plaintiff in brief is that she was using a small passage for entering upon or existing from her land and the defendant was obstructing ingress and egress unauthorisedly.

5. The Suit was filed on 28.9.2000 for permanent injunction and other reliefs. On 24.8.2001 on behalf of the petitioner an application was filed for appointment of Pleader Commissioner to submit a report with regard to the petitioner's land and the said alleged passage and physical feature. On 3.9.2001 the Pleader Commissioner submitted his report. In this report it was mentioned that there was a passage capable being used by the plaintiff. In the report it is also mentioned that the defendants were asked to co-operate but they refused. Apparently on strength of the said report on 7.9.2001 an application under Order 39 read with Section 151 CPC was filed by the plaintiff for injuncting the defendants from obstructing the passage being used