( 1 ) THIS order shall dispose of two applications (IA 4013/95 and IA 7894/95) - one filed by the plaintiffs under Order XXXIX, Rule? I and 2 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as the CPC ) and the other one filed on behalf of defendant No. 2 under Order XXXIX, Rule 4 read with Section 151, Civil Procedure Code for the discharge/variation/ setting aside the order dated the 9th May, 1995, passed in IA 4013/95.

( 2 ) THE facts relevant for the disposal of the above mentioned two applications. briefly stated are, that the plaintiffs have filed a suit for permanent injunction with the prayer that a decree for permanent injunction restraining the defendants from using any part of the land, measuring 4000 sq. mtrs ( as shown in the plan annexed with the plaint) for any other purpose except a children s park, be passed in favour of the plaintiffs and against the defendants. It is further prayed by the plaintiffs that defendant No. 2 be restrained by a decree of permanent injunction from digging or making any construction on the abovesaid plot of land, situated in Ashok Vihar, Phase IV, SFS Flats, Delhi. As per the case