P.K. Musahary, J.

1. This appeal preferred under Order 43 Rule 1(w) read with Order 47 Rule 7 and Section 151 of the Code of Civil Procedure, 1908 is directed against the order dated 22.8.2008 passed by the learned Additional District Judge, Shillong in Review Application No. 2(H) 2007 out of order dated 3.12.2007 in FAO No. 2(H) 2006 passed by the said Court.

2. The brief facts necessary for the disposal of this appeal are as follows:

The Respondent instituted a Title Suit against one Shyam Sundar Sharma and Shri Ratan Sarkar as well as against the present Appellant being TS Case No. 29(H) 2004. The Respondent also filed an application under Order 39 Rule 1and 2 read with Section 151 Code of Civil Procedure with a prayer for interim injunction to restrain the Appellant from receiving rent from Shyam Sundar Sharma and Ratan Sarkar. In the aforesaid petition, summons were issued to the aforesaid persons including the Appellant asking them to file show cause. The Appellant as party Respondent No. 3 filed show cause reply on 30.3.2005 and the matter was posted for hearing on 20.9.2005 but the Appellant's counsel filed a petition being 372/2005 seeking adjournment on ground of per