( 1 ) THIS appeal is directed against an Interim order passed by a learned single Judge dated 7th april, 1986, whereby the learned single judge while entertaining the writ petition passed the following order:"the pendency of this writ petition will not prevent the writ petitioner from obtaining possession of the disputed plot of land No. LM3536d measuring 11,564. 285 sqm. At transport Depot Road from the ex-workers of M/s. OFU LYNX CO. LTD. (Now in liquidation) on the usual terms and conditions of the Calcutta Port Trust to set up business by the petitioner and to absorb the ex-worker of the said company on the undertaking by the petitioner to deposit and pay calcutta Port Trust Rs. 6369. 74 (Rupees six thousand three hundred sixty nine and paise seventy four only) per month from the date of taking possession of the said premises. The pendency of the writ petition will not, however, prevent the Calcutta Port Trust to issue fresh allotment in favour of the petitioner in accordance with law. "

( 2 ) BEING aggrieved by and dissatisfied with aforesaid order the present appeal has been preferred by the Calcutta Port Trust.

( 3 ) THE brief facts which are nece