MC 2346/2010 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY MC No.2346/2010 In RSA No.31/2004 Heard Mr. TJ Mahanta, learned counsel appearing for the applicants. Also heard Mr. SP Roy, learned counsel appearing for the respondents. The applicants, who are the respondents in the connected second appeal b eing RSA No.31/2004 by the present application has prayed for an order of injunc tion restraining the respondents, who are the appellants in the said appeal, fro m changing the nature and character of the suit land and also for restraining th em from making any further construction over the suit land. The applicants in the application has claimed that though the suit filed by them has been decreed by the learned trial Court and affirmed by the fist ap pellate court, the respondents (appellants in the appeal) taking the advantage o f the interim order passed in the Second Appeal has made certain constructions a nd let out the room to another person and are also planning to have more constru ctions over the land in question. Such assertion of the applicants, however, has been denied by the respondents by filing an affidavit-in-opposition. Having heard the learned counsel appearing for the parties and having re gard to the averments made in the application as well as the objection filed the re, the present application is disposed of with a direction to the respondents n ot to make any further construction over the suit land and also not to change th e nature and character of the suit land till the disposal of the second appeal. This misc. case stands allowed.