JUDGMENT :

Heard Mr. A. Ikbal, learned counsel representing the petitioner as well as Ms. R. Choudhury, learned counsel appearing for the respondent.

2. This is an application under Article 227 of the Constitution of India praying for exercising the supervisory jurisdiction of the High Court.

3. The factual matrix lies within a very short campus.

4. The petitioner filed the Title Suit being T.S. 13/2015 against the respondent. Along with the plaint, a petition under Order 39 Rule 1 and 2 of the CPC was also filed. The said injunction petition was allowed and the present respondent was temporarily restrained from constructing slabs in his RCC building, which protruded over the boundary wall.

5. Subsequently, the Title Suit was dismissed. Therefore, the present petitioner preferred an appeal in the court of the District Judge. While filing the appeal, the petitioner again filed a petition under Order 39 Rule 1 and 2 CPC praying for grant of temporary injunction.

6. On 23.02.2022, the appeal being Title Appeal No.01/2021 was disposed of by the District Judge remanding the case to the trial court with certain directions.

7. Thereafter, on 28.02.2022, the aforesaid injunction petition was also