Heard Mr. S. Kalita, the learned counsel for the appellant and Mr. B. Das, the learned counsel for the respondent.

2. This appeal was listed in the ‘orders’ column, for consideration of the prayer for an ad-interim injunction in the connected I.A.(C) No.1668/2016. Considering the nature of prayer made in the said I.A., this Court is of the view that upon hearing the learned Counsels for the parties in respect of the said I.A., even the present appeal can be disposed of together at this stage. Hence, with the consent of the learned counsels for both sides, the entire matter was heard.

3. This appeal under Order XLIII Rule 1(r) read with Section 151 CPC is directed against the order dated 21.09.2016, passed by the learned Civil Judge No.1, Kamrup (M), Guwahati in Misc. (J) Case No. 232/2016, arising out of Title Suit No. 175/2016. By the impugned order, the learned trial court had refused the prayer for passing an order of ad-interim injunction till disposal of the suit.

4. The appellant herein is the plaintiff in TS No. 175/2016, which is pending for disposal before the Court of Civil Judge No.1, Kamrup (M), Guwahati (hereinafter referred to as the “Trial Court”). T