P.P. Naolekar, J.

1. Heard Mr. N. Choudhary, learned counsel for the petitioner and Mr. N.H. Majarbhuyan, for the respondents.

2. The respondents herein have filed a suit for a decree for declaration of their right, title and interest and possession of the Schedule-I land and for declaration that Sri Surjya Roy, petitioner herein, is a trespasser over the suit land. An application for ad interim injunction was also filed. The trial court by its order dated 4.8.98 has passed an order of temporary injunction in the terms, which has been quoted in paragraph 6 of the lower appellate court's judgment - "restraining the O.P. No. 1 from transferring the suit land and from changing the topography of the suit land and the suit house". Later on, an application was filed by the respondents herein before the trial court under Order 39, Rule 2ACPC complaining about the breach of injunction. It is alleged in the petition that the petitioner herein has violated the injunction order by cutting bamboo from the bamboo bushes situated over the suit land and constructed a kachha house with bamboo structure on the northern side of the suit land thereby changing the nature and feature of the suit