JUDGMENT :

Shampa Sarkar, J. - Both the revisional applications arise out of the orders passed in Title Suit No.38 of 2021 disposing of two applications filed by the plaintiffs/petitioners in CO 658 of 2023. One such application was for an order directing the removal of the bamboo fencing from the northern and southern edge of 'Ka Schedule property and the second application was for implementation of the said order. The first application was allowed and the second application was rejected.

2. The petitioners in CO 3254 of 2022 are some of the defendants and they have assailed the order passed by the learned Civil Judge Junior Division First Court at Contai, dated September 16, 2022, by which the defendant nos.3, 8, 9, 10 and 11 were directed to remove the obstructions created by the bamboo fencing which had been erected on the northern and southern edge of the Ka Schedule property, after the order of status quo was passed. It is submitted by the learned advocate for the petitioners/defendants in the said revisional application, that the main relief in the suit had been allowed by the learned court below, while disposing of the application under section 151 of the Code of Civil Procedure on September 16, 2022.

3. CO 658 of 2023 arises out of the December 20, 2022 passed by learned court rejecting an application filed by the petitioners/plaintiffs praying for implementation of the order dated September 16, 2022.

4. Mr. Adhikary, learned advocate appearing for the petitioners in CO 658 of 2023 submits that the learned court below wrongly refused to implement its own order dated September 16, 2022.

5. The facts of the case are as follows:-

a) The plaintiffs in Title Suit No.38 of 2021 who are the revisionists in CO 658 of 2023, filed the suit claiming easementary right in respect of the Plot No.1098 of Mouza- Junbani, which has been recorded as 'bastu and 'path in the record of rights;

b) The land owned by the plaintiffs had been delineated as 'Kha Schedule property and the pathway through which the plaintiffs claimed easementary right, was delineated as Ka Schedule property on plot No.1098.

c) Upon hearing the plaintiffs, an ad interim order of injunction was passed. Learned court below directed the parties to maintain status quo with regard to the Ka Schedule property. Such order was duly communicated to the police authorities and the Inspector-In charge, Contai police station, was directed to implement the order and file a report.

d) Alleging that the entrance to the Ka Schedule property had been blocked by erection of bamboo fencing at the northern and southern edge of 'Ka Schedule property.

e) An application under section 151 of the Code of Civil Procedure was filed for removal of the bamboo fencing.

f) By order dated September 16, 2022, the bamboo fencing was directed to be removed and the application was allowed.

g) The petitioners in CO 2354 of 2022, have challenged the said order before this court.

h) The plaintiffs prayed for implementation of the order dated September 16, 2022 on the ground that the order dated September 16, 2022 had not been complied with. The learned court below rejected the said application on contest, inter alia, on the ground that any direction for implementation of the order passed in the application under section 151 of the Code of Civil Procedure on September 16, 2022 would amount to granting the main relief. CO 658 of 2023 has been filed challenging the said order dated December 20, 2022.

i) The defendants who are revisionists in CO. 3254 of 2022, submit that if the bamboo fencing was removed by order of court, the same would amount to grant of the prayers filed in the main suit.

j) The court held th