JUDGMENT :

P.K. Misra, J. - PIaintiff has filed this revision. He has filed Title Suit No. 296/98 for partition claiming one-fifth share in the suit schedule properties and also for permanent injunction seeking to restrain the opposite parties from making any construction over Hal Plot No. 310 measuring Ac. 0.13 decimals and Hal Plot No. 309/805 measuring Ac, 010 decimals.

The trial court after hearing both parties passed an order directing both the parties to maintain status quo in respect of the disputed plots till disposal of the suit. The present opposite parties 1 to 3 filed Misc. Appeal No. 27 of 1999 challenging the order of the trial court. The lower appellate court while confirming the order of the trial court in respect of plot No. 309/ 805 measuring Ac. 0. 10 decimals vacated the order in respect of plot No. 310. Thereafter the present Civil Revision has been filed. At the time of entertaining this revision, an interim order was passed directing both the parties to maintain status quo in respect of Hal Plot No. 310 corresponding to Sabik Plot No. 309.

2. The lower appellate court vacated the order of the trial court on the ground that no prima facie case had been establishe