( 1 ) THIS appeal from order is filed against the order passed by Learned 10th Joint Civil Judge (Senior Division) Vadodara below application Exh. 5 in Special Civil Suit No. 899/2002 whereby the Learned Trial Judge has rejected the application Exh. 5. The appellant-original plaintiff has prayed for an order directing the respondents-original defendant nos. 1 and 2 for removal of an unauthorised construction made in the terrace and for an order or direction not to restrain the plaintiff and other members of the association from utilizing the said terrace and also for seeking direction against respondent nos. 3 and 4 to remove the said unauthorised construction, and to remove the objectionable things which were lying on the terrace. The Trial Court has rejected the injunction application on the ground that the averments made by all the parties require the recording of evidence and without recording or leading evidence it was impossible to arrive at any decision at the said stage and on that ground the Trial Court has observed that there was no prima-facie case in favour of the present appellant-original plaintiff nor the balance of convenience was in favour of the origi