Soumen Sen, J. - (1.) This revisional application is directed against an order of affirmation passed by the Appellate Court in connection with an appeal preferred by the petitioner challenging an order passed by the Trial Court in connection with an application under Order 39, Rule 1 & 2 read with Section 151 of the Code of Civil Procedure, by which the parties were directed to maintain status quo with regard to the nature, possession and character and from making any construction in respect of C schedule property.
(2.) Although this is an order of affirmation and I am not unmindful of the fact that the Court would exercise power sparingly under Article 227 of the Constitution of India in matters where the discretion has been exercised by the Appellate Court.
(3.) In the instant case having regard to the gamut of the controversy and the misdirection of both the Courts in dealing with the issue I am inclined to interfere with the impugned order for the reasons recorded herein below.;