MC 3529/2009 BEFORE THE HON’BLE MR. JUSTICE H. BARUAH Heard Mr. Sharma, learned counsel for the applicants. Also heard Mr. P.J . Saikia, learned counsel for the respondents. This application for stay has been filed under the provisions of Order 4 1 Rule 5 of the CPC praying for stay of the operation of the judgment and decree dated 05.08.2009 passed by the learned Civil Judge, Dibrugarh in Title Appeal N o.19/2008. From the perusal of the impugned judgment and decree dated 15.09.2008 it appears that mandatory injunction is granted for removal of all construction raised or extended by the respondents on the land described in Schedule-B of th e land and also perpetual injunction restraining the defendant from raising any construction on the land described in Schedule-B. Mr. P.J. Saikia, learned counsel appearing for the respondents herein ha s not raised any objection in respect of Part-I of the order. However, he has re sisted styal of perpetual injunction. Contrary to the submission advanced by the learned counsel for the respondents it is submitted that since the applicants a re residing in the land for 50 years, there may be some alteration and addition in respect of the land described in Schedule-B. However, taking into considerati on of the facts involved and relief sought for, the second part of the order has not been interfered with. Application is partly allowed. Misc. case stands disposed of.