1. Present petition is directed against order dated 17.7.2015 passed in Miscellaneous Civil Appeal No.5/2015 by Third Additional District Judge, Damoh in Appeal under order 43 rule 1(r) of the Code of Civil Procedure, 1908 (for short 'CPC'). The Appeal in turn was directed against order dated 13.11.2014 passed by Second Civil Judge Class-II, Damoh in Civil Suit No.31-A/2014; whereby, an application under order 39 rule 1 and 2 of CPC file by the petitioner/plaintiff was allowed. The appellate Court by impugned order while setting aside the order passed by the trial Court remitted the matter for re-examination of application under order 39 rule 1 and 2 and to decide the same along with application preferred by the defendant in his counter suit under the same provision.

2. When the matter is taken up today, it is stated by learned counsel for respondent/defendant that on remission, a fresh order has been passed by the trial Court on 15.2.2016; whereby, the trial Court while dismissing the application preferred by the petitioner/plaintiff has allowed the application filed by the respondent/defendant and has injuncted the petitioner/plaintiff in respect of the suit property. In view