A.M. Saikia, J.

1. The Title Suit being T.S. No. 10/04 along with an application under Order 39, Rules 1 and 2 of the Code of Civil Procedure, 1908 (in short, "C.P.C.") being registered as Misc. (J) Case No. 4/04 was instituted by the appellants as plaintiffs against the respondents arraying them as party defendants for a decree of declaration of their right, title and interest as well as possession over the suit land with a further prayer for a decree for cancellation of a Sale Deed No. 9109 dated 1-11-03 which was allegedly executed illegally and fraudulently by the defendants/Respondents Nos. 2 to 13 in favour of the defendant/respondent No. 1. Initially, the learned trial Court, on the application seeking temporary injunction, issuing notice upon the respondents, passed, as an interim measure, the order of status quo in favour of the appellants on 30-1-04. After the appearance of the parties i.e., the respondents by filing written objection and upon hearing the learned Counsel representing both the parties, the learned trial Court by its order dated 15-7-04 dismissed the Misc. Case (J) No. 4/04 holding that the appellants had no prima facie case to go for trial etc. and