This is an appeal against the order of the Second Subordinate Judge, Manipur, dated 23-1-1967 passed in Judl. Misc. Case No.34 of 1966 in Title Suit No. 4 of 1963 on his file granting temporary injunction restraining the appellant-defendant from committing acts of waste on the suit home-stead ingkhol pending disposal of Title Suit No. 4 of 1963.

2. The respondent filed Title Suit No. 4 of 1963 in the lower Court against the appellant and some others for declaration that the partition of the plaint schedule property by the Assistant Survey and Settlement Officer, Circle C and confirmed by the Director of Settlement and Land Records and the Chief Commissioner is illegal and for partition of the same into two equal shares between the plaintiffs on one hand and the defendant-appellant on the other hand and for delivery of possession of their half share to them.

3. The case of the respondent and the other plaintiffs is that the plaint "A" schedule property belonged to one late Kongbrailatpam Krishnachandra Sarma, that he erected a temple in the plaint "B" schedule property, that the plaintiffs 1 to 4 are the descendants of the first degree and plaintiff No. 5 is the widow of late