( 1 ) THE petitioner herein had filed a suit before the civil Judge (Junior Division ). Surat, for an injunction, to restrain the respondent from demolishing any construction, which had been raised by the petitioner, on a land situated within its jurisdiction.

( 2 ) ACCORDING to the petitioner, which is a Co-operative Housing Society, it had purchased Plot No. 45 in T. P. Scheme No. 4, which was in Katargam in Survey No. 359/2 from Dhirajlal Gandhi, Pankajkumar Gandhi and ajaykumar Gandhi. Price of Rs. 48. 999. 00 was stated to have been paid to the said sellers and possession of a part of the land had been taken. It was further alleged that the plaintiff had obtained approval of the Lay Out plan of the defendant on 3/04/1970 and the plan regarding construction was also approved by the respondent on 3/11/1972. The allegation of the petitioner herein was that when construction was started at the site, the original owners got an injunction issued against the plaintiff from the respondent herein against the construction. According to the plaintiff, construction had been raised upto the plinth level and injunction should be issued to the respondent, restraining it from