CRP 14/2011 BEFORE HON’BLE JUSTICE MR HN SARMA Heard Mr. A. M. Majumdar, learned sr. counsel for the petitioner assiste d by Mr. M. Bora. Also heard Mr. S. S. Dey learned counsel appearing for the sol e respondent. The subject matter of challenge in this revision petition is the interim o rder dated 21.12.2010 passed in MCA No. 12 of 2010 by the Addl. Judge, Additiona l District Council Court, Kharsyiemlieh, Shillong thereby admitting the appeal and setting aside the order dated 4.11.2010 passed by the learned trial court in Misc. Case No. 26/2010. The plaintiff/petitioner instituted the Title Suit No. 29/10 in the court of the District Council Court, Kharsyiemlieh, Shillong for de claration of right, title and interest and for permanent injunction against the defendants/respondents. In the aforesaid suit the petitioner made the following prayer as follows - a) for a declaration that the plaintiff is the rightful lessee of the suit land. b) For a declaration that as per the lease agreement, the defendant has no right to interfere or part with any portion of the suit land without the knowled ge and consent of the plaintiff. c) For a declaration that the letter dated 26.10.10 (Annexure -6) issued by the defendant is illegal and without any authority, d) For a permanent injunction restraining the defendant or any person or pe rsons acting through or under him from interfering with the rights of the plaint iff over the suit land. e) For the cost of the suit. f) For any other relief/reliefs which the plaintiff is entitled to accordin g to law, justice equity and good conscience. Alongwith the said suit the plaintiff petitioner also filed an app lication for temporary injunction which was registered as Misc. Case No. 26/10 m aking the following prayer. In the premises aforesaid it is humbly prayed that your honour may be pleased to grant a temporary injunction restraining the Opp. Party or any person/persons a cting though or under him from interfering with the possession of the petitioner , from allowing any authority to construct the proposed road over any portion of the suit land and not to give effect to the letter dated 26.10.10(Annexure -6 t o the plaint) pending disposal of the related suit. It is further prayed that pending disposal of the instant case, your Hon our may be pleased to grant an ad-interim injunction restraining the Opp. Party his agents or any person or persons acting through or under him from making any constructing or widening of any road within the suit land or to give effect to t he letter dated 26.10.10 (Annexure -6 to the plaint). The learned trial court upon consideration of the averments made in t he plaint and upon hearing the learned counsel for the plaintiff/petitioner vide order dated 4.11.2010 passed in Misc. Case No. 26/10 granting temporary injunct ion restraining the defendants/respondents from making any construction or rende ring any road within the suit land or give effect to the letter dated 26.10.10 a nnexed with the plaint until further orders of the court. Aggrieved by the order of temporary injunction, the defendants filed MCA No. 12/10 in the Addl. District Council Court, Kharsyiemlieh, Shillong. The learned appellate court considering the point raised in the memo of appeal admit ted the appeal to be heard on merit and also passed an order setting the appeal dated 4.11.10 passed in M.C. No. 26/10 by the learned trial court. Against the a foresaid order the present petition has been filed by the plaintiff respondent. Upon delivering to a certain length both the parties have agreed that t he matter may be disposed of with the order that learned trial court to be direc ted to be disposed the injunction petition i.e Misc. Case No. 26/10 arising out of Title Suit No. 29/2010 maintaining status-quo as on date. In view of the aforesaid submissions made by the learned counsel for the parties, this petition is disposed of with the following directions - i) the learned trial court shall dispose the Misc. Case o. 26/10 arising ou t of Title Suit No. 29/2010 within a period of three weeks from the date of open ing of the court after the current winter holidays and the defendants shall file their objections/documents. Written statements whatever is considered necessary . ii) The defendants/respon- dents shall withdraw the MAC no. 12/10 which is pending in the court of the Add l. District Council Court, Shillong and iii) both the parties shall maintain the status-quo in respect of the suit land as on date.