( 1 ) THIS is the plaintiff-applicant's revision against the lower appellate Court's order directed the trial Court to decide afresh the plaintiff's application under Order 39 Rule 4 C. P. C. after duly hearing the other side.

( 2 ) THE present applicant-plaintiff had filed a suit against the State Government (present non-applicant No. 1) in the trial Court for declaration of his right and title as Bhumiswami to certain agricultural land. The non-applicant No. 2 Rajmal was allowed to be joined in the suit as the defendant No. 2 on his application under Order 1 Rule 10 C. P. C. in view of his alleged right of easement in the land in question. During the pendency of the suit, the present applicant-plaintiff had filed an application under Order 39 Rules 1 and 2 C. P. C. for restraining the defendant No. 1 State from interfering in the plaintiff's possession till the disposal of the suit, plaintiff's possession of the land in dispute for the period from 1972 to 1976 was stated to be in pursuance of the annual auction of the suit land viz. the Beed ?chm?. The trial court granted the termporary injunction as prayed for on the condition that the plaintiff shall deposit auc