JUDGMENT :

1. Heard Mr. S. Dutta, learned Senior Counsel for the appellant. Also heard Mr. G. N. Sahewalla, learned Senior Counsel for the respondents.

2. This is an application under Order 43 Rule 1(r) of the Code of Civil Procedure read with Section 151 of the Code of Civil Procedure for modification and/or setting aside the impugned order dated 17.11.2022, passed by the Court of learned Civil Judge, Dibrugarh, in Misc. (J) Case No. 126 of 2022 (in Title Suit No. 166 of 2022).

3. The facts leading to the present appeal is that the present appellant, as the petitioner, filed a petition under Order XXXIX Rule 1 & 2 of the Code of Civil Procedure, which was registered as Misc. (J) Case No. 126 of 2022, in connection with Title Suit No. 166/2022, seeking temporary injunction, which was rejected vide Order dated 17.11.2022.

4. On being highly aggrieved and dissatisfied with the order dated 17.11.2022, passed by the learned Court of Civil Judge, Dibrugarh, in Misc(J) Case No. 126/2022 in connection with Title Suit No. 166/2022, the appellant has preferred this appeal on the following grounds, amongst others:

(i) That the learned Trial Court has erred in law as well as facts in rejecti