MC 2168/2010 BEFORE HON’BLE MR JUSTICE HN SARMA Heard Ms. A. Lahkar, learned counsel for the applicant/respondent. Also heard Mr. F.K. R. Ahmed, learned counsel appearing for the appellant/opposite pa rty. By this application, the applicant has prayed for modification/vacation/ alteration of the order dated 11.6.2010 passed in M.C. No. 1199/2010 arising ou t of RSA No. 160/09. Vide order dated 11.6.2010 a liberty was granted to the appellant to all ow him to repair the dwelling house over the suit land only to prevent seepage o f rain water but simultaneously directing that no permanent construction shall b e made with the aid of this order. However, the respondent/applicant by filing this Misc. Case has submitte d that taking help of the aforesaid order dated 11.6.2010 the appellant is conve rting the bamboo structure into complete structure and thus altering the nature and character of the suit land as well as the structure standing thereon. The ap pellant however by filing counter affidavit has denied the allegation that the s tructure in question is the dwelling house with a small tea stall and taking aid of the order dated 11.6.2010, the appellant has dismantle the earlier structure . Upon hearing the learned counsel for the appearing parties, this Misc. C ase stands disposed of with the order that the appellant/opposite party shall no t change the nature and character of the suit land or the structure standing the reon taking aid of the order dated 11.6.2010. The appellant shall confine her repairing action over the suit land to t he extent of stopping the seepage of rain water and not altering the existing ba mboo structure into complete structure or in any other manner. It is made clear that notwithstanding the aforesaid repairing works the description of the suit property in the plaint would not be treated as changed a nd the appellant would not be able to take benefit thereof at the subsequent sta ge of the proceeding. The appellant shall strictly confine her action to the ex tent as indicated in the order dated 11.6.2010.