( 1 ) THE appellants have filed Special Civil Suit No. 22 of 1998 in the Court of Second Joint Civil Judge (S. D.), Surat District, for permanent injunction against the respondent Surat-Municipal Corporation restraining them from interfering with the construction which is being carried out by the plaintiffs in the property in question, and to restrain from demolishing the construction on the suit property. According to the plaintiff the land in question which is situated within the municipal limits of Surat Municipal Corporation is covered by draft town planning scheme published under the Gujarat Town Planning and Urban Development Act, 1976. For the development of the area of which the land in question is a part, State Government has constituted Surat Urban Development Authority under S. 22 of the Gujarat town Planning and Urban Development Act, 1976. As the permission of appropriate authority before carrying out any development of the area was a condition precedent under S. 26 of the Town Planning Act, the plaintiffs applied under S. 27 of the act and they are carrying out the construction as per the plans approved by the Surat urban Development Authority under the Act. It is pointed out by the plaintiffs that under the Government Resolution dated 1-2-1978 power to control the developmental activities in accordance with the development plan has been entrusted to the municipal Corporation whereunder the land covered by the scheme is situated within the local limits of Municipal Corporation concerned. Thus, the plan in the case of the plaintiffs land also came to be approved by the Municipal Corporation, Surat, as a delegate of S. U. D. A. , exercising power under Town Planning Act. While the plaintiffs were carrying out construction in accordance with approved plan, the officers of the respondent-Corporation, without the permission of the plaintiffs entered the premises where the construction of shops was going on has sealed ten shops constructed on ground floor number 18 to 22 and 68 to 72.

( 2 ) AGGRIEVED with this action of the respondent-Corporation the suit had been filed for permanent injunction for restraining the defendants from demolishing any part of the construction raised in the land in question and from causing any damage in the said property. Injunction was also sought for restraining the respondent corporation from interfering with and obstructing the construction. An injunction was also sought for removing the lock and seals placed by the defendant Corporation on the aforesaid shops. An application for temporary injunction to that extent was also filed along with the suit.

( 3 ) IN response to the application, defendants contended that unless notice in writing about completion of the work in progress has been given to the Commissioner as required under S. 263 of the Bombay Provincial Municipal Corporations Act, 1949 and his permission is obtained, no person is entitled to occupy or use the newly erected building and it is an exercise of that power the defendant locked and sealed 10 shops as noticed above. They also prayed for injunction against the plaintiffs restraining them from occupying or using building erected by them in any manner until notice is given in terms of S. 263 of the Act of 1949 and permission is received or deemed to have been received under the said provision.

( 4 ) THE trial Court by its order under appeal dated 16-2-1998, allowed the injunction application filed by the plaintiffs by preventing the defendants from demolishing the construction of suit property and directing to open the lock of sealed shops Nos. 18 to 22 and 68 to 72 and not to restrain the plaintiffs from making the construction in suit property as per sanctioned plan till final disposal of the suit. Further, it also allowed the interim injunction application filed by the defendant and directed the plaintiffs not to use and occupy incomplete constructed suit property without obtaining permission from the defenda