( 1 ) SHRI Ramubhai Dahyabhai Rathod-Original plaintiff and petitioner in Civil Revision Application has filed this Revision Application under Sec. 115 of the Code of Civil Procedure. Petitioner has challenged the judgment and order dtd. 1. 12. 99 passed by the learned Second Jt. District Judge, Surat. in Misc. Civil Appeal No. 210/99. The learned judge by his judgment has allowed the said appeal and set aside the order of injunction dtd. 5. 10. 1999 passed by the learned Civil Judge, Junior Division below Ex. 5 in Regular Civil Suit No. 310/96 filed by the original plaintiff-petitioner herein.

( 2 ) IT may be noted that this matter was placed for admission before me. However, looking to the importance of the matter and urgency of the matter, I have heard the matter at the admission stage for final disposal of the matter and therefore I have allowed the learned counsel to address me on all questions of law and facts at length and I have heard the learned counsel, for the appellant as well as the learned counsel for the respondent at length and therefore I am disposing of this civil revision application at admission stage finally with detailed reasons.

( 3 ) THE facts