JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. S.D. Purkayastha, the learned counsel appearing on behalf of the Appellants and Mr. S. Biswas, the learned counsel appearing on behalf of the Respondent.

2. This is an appeal under Order XLIII Rule 1(r) challenging the order dated 06.12.2021 passed in Misc. (J) Case No. 58/2021 arising out of Title Suit No. 24/2021.

3. It is relevant herein to mention that alongwith the instant appeal, there is also an application filed under Order XXXIX Rule 1 and 2 read with Section 151 of Code of Civil Procedure, 1908, for grant of temporary injunction. The said application has been registered and numbered as I.A.(Civil) No. 2/2021. It is pertinent herein to mention that in the said application seeking injunction, the appellant therein sought for an injunction to restrain the Opposite Party and his men and agents from further continuing the illegal and unauthorized construction over the land described in Schedule-II as well as from restraining the opposite party from alienating the Schedule-II land in favour any third party.

4. For the purpose of adjudication of the instant appeal, the parties herein are in same status as they stood before the Trial Court.