This is a petition under Article 227 of the Constitution of India against the judgment dated 06.10.2016 delivered in Civil Misc. Appeal No.05 of 2016 by the District Judge, North Tripura, Dharmanagar, affirming the order dated 27.09.2016 passed by the Civil Judge, Senior Division, Dharmanagar in Civil Misc Case No.36 of 2016 [arising from T.S. 15/2015]. By the said order dated 27.09.2016, the Civil Judge issued an interim mandatory injunction in favour of the respondent directing to remove the welding and the gate erected on the path under reference.

2. A brief resume of fact, essential for appreciating the challenge may very shortly be introduced in the beginning. The respondent filed a suit for declaration and injunction. For purpose of reference, the reliefs as urged in the suits are reproduced hereunder:

(a) a decree for declaration that, the plaintiff has the right, title and interest over the suit land specifically described in the schedule given herein below.

(b) a decree for declaration that, the plaintiff has right to enter into his purchased homestead land described in the schedule given here in below through his ingress and egress path and to enjoy his hom