JUDGMENT :

Arindam Lodh, J.

1. Heard Mr. S. Deb, learned Sr. counsel assisted by Mr. S. Bhattacharjee, learned counsel appearing for the appellant. Also heard Mr. K.N. Bhattacharjee, learned Sr. counsel assisted by Mr. D. Debbarma, learned counsel, appearing for the respondents.

2. This is an appeal filed under Order XLIII, Rule 1 of the Civil Procedure Code, 1908, challenging the order dated 17.03.2020 passed by the learned Civil Judge, Sr. Division, in case No. Civil Misc. (Vio) 26 of 2018 arising out of Civil Misc. 46 of 2017 in connection with Title Suit No. 15 of 2016, titled as Shri Sudarshan Sharma, petitioner Vrs. Shri Raja Paul and Bijoy Kumar Paul, opposite party-respondents.

3. Briefly stated, the appellant here-in as plaintiff instituted a suit for declaration of his right to use the pathway described in Schedule-B of the plaint. Along with this declaratory suit the appellant also had filed an application under Order XXXIX, Rules 1 & 2 of CPC. The learned trial court after hearing the petition for injunction under Order XXXIX, Rules 1 and 2 passed an order granting temporary mandatory injunction meaning thereby the structure erected on the pathway obstructing free egress an