( 1 ) THIS application under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure has been filed by the plaintiff with a prayer to restrain the defendants, their servants, employees etc. from raising any constructions and installing a Transmission Tower in the open space/terrace on the 7th Floor of Ansal chambers-II, 6, Bhikaji Cama Place, New Delhi till the disposal of the suit.

( 2 ) THE facts relevant for the disposal of this application, briefly stated, are that the plaintiff has filed a suit for permanent injunction against the defendant No. 1, the owner/developer of Ansal chambers-II, Bhikaji Cama Place, New Delhi and defendant no. 2, a Company holding a licence for providing cellular services in the territory of Delhi. The plaintiff, a registered partnership firm, has alleged that it had purchased two flats bearing No. 709, 709-A, 710 and 710-A from the defendant No. l vide Flat Buyers Agreement dated 20. 11. 1989 and since then, it is using the same for office purposes. It is stated that the said flats are situated on the terrace floor of the aforesaid property. The said flats were sanctioned/approved for storage but the same are being use