SANKAR KUMAR DAS Vs. BIKROM SINGHA LAHKAR

JUDGEMENT

(1.) Heard Mr. B. Borah, learned counsel for the appellants and Mr. Bikrom Singha Lahkar, respondent-in-person.

(2.) This appeal, under Order XLIII, Rule 1 (r) read with Sec. 151 of the Code of Civil Procedure, 1908, is directed against the order, dtd. 6/4/2024, passed by the learned Civil Judge (Sr. Div.) No.1, Kamrup (M) Guwahati in Misc. (J) Case No.1052/2023 arising out of Title Suit No.619/2023. It is to be noted here that vide impugned order, dtd. 6/4/2024, the learned trial court had granted temporary mandatory injunction and directed the present appellants to remove the boundary wall from the front side of the building of the respondent herein this case and open up the right of way for free movement of the respondent of this case his vehicles for ingress and egress to his building standing over the Schedule-'B' land which is part of Schedule-'A' land mentioned in the application.

(3.) The background facts leading to filing of present appeal are adumbrated herein below:-