( 1 ) THIS petition, under section 115 of the Code of Civil Procedure, is directed against the order dated 19-2-1974 passed by the learned Additional District Judge (Shri H. K. S. Malik) restraining the petitioner from running a cinema pending disposal of the suit filed by the plaintiffs/respondents (other than the Delhi Municipal Corporation, hereinafter called the M. C. D.) for mandatory injunction restraining the petitioner from constructing the cinema building on the suit property situate in the revenue estate in Raj Block Navin Shahdara Extension, Shahdara, Delhi. The trial court, however, declined to grant such an injunction pending the suit.

( 2 ) THERE have been further affidavits and counter-affidavits filed by the parties during the pendency of this petition in this Court concerning some events subsequent to the filing of the plaint. It seems, therefore, convenient to state the position as it emerges not only from the pleadings before the trial court (including the application for an injunction, the reply thereto and the still further reply of the plaintiffs), but also on the basis of the affidavits and counter-affidavits filed in this Court.

( 3 ) BRIEF