Sanjay K. Agrawal, J.—Respondent No.1 herein is the plaintiff before the trial Court. He instituted a civil suit for declaration and permanent injunction claiming that he has easementary right of access / way over the 180 ft. wide road from the house of defendant No.1 / petitioner herein, therefore he has acquired easementary right and defendant No.1 be restrained from interfering in his possession and he be restrained from closing the suit way. The plaintiff also filed an application under Order 39 Rules 1 & 2 of the CPC along with an application under Order 39 Rule 3 of the CPC. The trial Court considered the application under Order 39 Rule 3 of the CPC on 20-6-2014 without issuing and serving notice to defendant No.1 and granted ex parte temporary injunction restraining defendant No.1 till the date of his appearance that he should not make any construction on the suit way till his appearance. Defendant No.1 appeared before the trial Court on 1-7-2014 and filed reply to the application under Order 39 Rules 1 & 2 of the CPC, but the trial Court did not consider the application under Order 39 Rules 1 & 2 of the CPC on that day and on that day itself, the plaintiff filed