JUDGMENT :

1. Heard Mr. A C Sarma, learned Senior counsel assisted by Mr. B Haldar, learned counsel for the appellant. Also heard Mr. D Das, learned Senior counsel assisted by Mr. K Mahammad, learned counsel for the respondents.

2. The present appeal is filed under Order 43 Rule 1 (r) of the CPC, 1908 assailing an order dated 06.04.2023 passed by the learned Civil Judge, Bongaigaon in Misc Case No. 16/2023 arising out of TS No. 19/2023.

3. The background of the present case:

I. The appellant as plaintiff instituted a suit being TS No. 19/2023 before the learned court of Civil Judge, Bongaigaon for cancellation of a Registered deed of Revocation bearing registration No. 02/52 dated 11.01.2023, whereby of an irrevocable power of attorney executed earlier by the Defendant on 16.03.2005 was cancelled. Alternatively a prayer for damages and compensation was made.

II. Along with the aforesaid suit, the plaintiff also filed an application under Order 39 Rule 1 and 2 read with Section 151 of the CPC for grant of injunction.

III. The injunction prayed for was to the effect that the defendant be restrained from using and from utilizing the Deed of revocation under challenge in the suit. A prayer o