( 1 ) IN this petition which is filed under Article 227 of the Constitution, petitioners/original defendants seek to challenge judgment and order dated August 7, 2002 rendered by learned 2nd Extra Assistant Judge, Surat in misc. Civil Appeal No. 120 of 2001 by which appeal filed by the respondent/original plaintiff against the petitioners came to be allowed and thereby order dated 9/11/2001 recorded below Ex. 5 in Regular Civil suit No. 9 of 2001 disallowing the respondents application has been set aside and ad-interim injunction as prayed for by the respondent in prayer clause para 11 (1) and (2) of Ex. 5 has been granted till final disposal of the suit whereas cross-objections filed by petitioner nos. 1 and 3 at Ex. 10 and petitioner No. 2 at Ex. 11 have been rejected.

( 2 ) PETITIONER Nos. 1, 2 and 3 herein are the original defendant Nos. 1, 2 and 3 whereas respondent herein is the original plaintiff in the lower courts and, therefore, for the sake of convenience and brevity, in this petition also, they are referred to as the plaintiff and the defendants.

( 3 ) SINCE the question involved in this petition is relating to succession of the "pithadhipati" of Surat