( 1 ) THIS is a revision application by the original defendant of the Civil Suit no. 112 of 1981 pending in the Court of Civil Judge (J. D.) at Gandhinagar. The opponent herein is M/s. Maheshkumar and Co. the plaintiff who have filed the aforesaid suit for a declaration that the contract of lifting fly-ash alleged to be entered into between the parties was in operation for a period of three years and the plaintiff wanted an injunction restraining the defendant the Gujarat Electricity Board from disturbing the plaintiff while lifting the fly-ash from Gandhinagar Power Station belonging to the defendant Electricity Board. Along with the suit an application ex. 5 for an interim injunction was given by the plaintiffs. The learned trial Judge after hearing both the sides had refused to grant that injunction. Being aggrieved by the said order of the learned trial Judge the Misc. Appeal No. 118/81 had come to be filed by the original plaintiff seeking the injunction to operate till the disposal of the suit. The learned Extra Assistant Judge Mr. H. P. Hathi by his impugned order held as follows:"appeal is allowed and respondent defendant is restrained from disallowing the ap