(1.) Heard Mr. H.R. Choudhury, learned counsel for the petitioners and Ms. R. Choudhury, learned counsel for the respondent.
(2.) The challenge in this revision petition is to the order dated 05.07.2019, passed by the learned Civil Judge, Karimganj in Misc. Appeal No. 08/2019 arising out of the Misc.(J) Case No. 386/2018. The respondent herein as plaintiff filed a suit for declaration of their right, title and interest over the suit land mentioned in the Second Schedule of the plaint, stated to be a path. It was stated in the plaint that the plaintiff has been using the said path as egress and ingress to their house and the suit land of the said path was gifted by the defendants to the plaintiff. However, the defendants interfered with the use of the suit path by creating obstruction in path and therefore, the suit was filed seeking relief as stated above.
(3.) Alongwith the suit, an application under Order XXXIX Rules 1 and 2 of the CPC was also filed for temporary injunction. It was stated in the injunction petition that the land of the suit path was gifted to the plaintiff by the defendants and the plaintiff has been using the same for egress and ingress to their residential house. However, immediately after filing of the suit, the defendant obstructed the path by raising fencing and wall and as such, the petitioner sought for injunction to remove the said obstruction from the aforesaid suit path and also prayed for prohibitory injunction to maintain the status-quo of the suit path as on the date of filing of the suit. The plea of the defendants was that the suit land/ path was never gifted by the defendant to the plaintiff and the suit land/ path is the homestead land of the defendants over which the plaintiff has no right, title and interest. The existence of the path also denied.