( 1 ) IN this Letters Patent Appeal under Clause 15 of the Letters Patent the appellant original plaintiff of Civil Suit No. 1 of 1985 in the District Court of Panchmahals at Godhra has brought in challenge the judgment and order of the learned Single Judge of this Court M. B. Shah J. in Appeal from Order which was dismissed by the learned Single Judge of this Court in exercise of his powers under Order 43. Rule 1 of the Code of Civil Procedure 1908 The appellant-plaintiff had moved an interim injunction application Ex. 5 under Order 39. Rules 1 and 2 read with sec. 151 of the Civil P. C. praying for interim injunction on pending the suit against the respondents-defendants. After hearing the concerned parties the learned Joint District Judge of Panchmahals at Godhra dismissed the application Ex. 6 for interim injunction and vacated the ad-interim relief. Being aggrieved by the said order of the learned trial Judge the appellant preferred Appeal from Order as miscellaneous appeal under Order 43 Rule 1. That appeal came to be dismissed by our learned Brother M. B. Shah J. on 1/07/1985. It is in these circumstances that the present Letters Patent Appeal has been pref