This revision petition arises from an order dated 23.12.89 passed by the District Judge, Kamrup at Gauhati in Misc. Appeal No. 77 of 1989.

2. In Title Suit No 64 of 1989, on an application filed by the plaintiff, the Munsiff (2) Gauhati granted an exparte interim injun­ction restraining the defendant-1, his agent, and employees from closing the main collapsible gate of the ground floor as well as closing the door for going to the roof, and also from obstructing the plaintiff, his servants and employees from taking water from the Gauhati Municipal Corporation tap. The order was appealed to the District Judge, Kamrup. The District Judge passed interim 'orders pending the appeal staying the order relating to closing of the door for going to the roof, and directing the defendant to allow the plaintiff to take water from the Gauhati Municipal Corporation tap from morning till 10.00 pm. and to keep the collapsible gate open till 10.00 pm for the ingress and egress of the plaintiff. Hence this petition.

3. The learned counsel for the appellant has contended that the lower appellate Court has no jurisdiction to stay an order granting ex parte ad interim injunction passed by the trial Court.

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