( 1 ) THE plaintiff, who is respondent 1 before us, filed an application under the provisions of O. 39, Civil P. C. , praying for a temporary mandatory injunction against defendant 1, who is respondent 2 before us and a temporary prohibitory injunction against defendant 2, who is the appellant before us. The trial court issued notices to the defendants to show cause as to why such injunctions shall not be granted, but refused the prayer for ad interim injunction.

( 2 ) WITHIN a week thereafter defendant 1 appeared and prayed for time to file his show cause. The plaintiff has then filed another application under the provisions of S. 94 of the Code renewing his prayer for ad interim injunction against defendant 1 and on consent of both the parties, the trial Court has allowed the application under S. 94 of the Code and has granted ad interim injunction "till the final disposal of the application under O. 39, Rr. 1 and 2, C. P. C. " and has stated in the impugned order that "the petition under S. 94, C. P. C. , be thus disposed of".

( 3 ) IT seems that the trial Court in refusing ad interim injunction under an application labelled as one under O. 39 of the Code an