1. ADMIT.

2. Mr.P.K.Nanavati, learned advocate appearing with Mr.K.S. Nanavati for Nanavati Associates, who is on caveat waives the service of notice of admission on behalf of the respondent No.1 original plaintiff.

3. With the consent of the learned advocates appearing on behalf of the respective parties and in the facts and circumstances of the case and as the Appeal From Order is against the ex-parte ad-interim injunction granted by the learned trial court and next date of hearing of the application Ex.5 before the learned trial court is 27/7/2009, the present Appeal From Order is taken up for final hearing today.

4. Heard Mr.Mihir Thakore, learned Senior Advocate appearing on behalf of the appellant-original defendant No.1 and Mr.K.S.Nanavati, learned senior advocate appearing on behalf of the respondent No.1 original plaintiff extensively and at length.

5. Present Appeal From Order under Order 43 Rule 1 of the Code of Civil Procedure has been preferred by the appellant original defendant No.1 challenging the impugned ex-parte ad-interim injunction granted by the learned Presiding Officer, FTC No.2, Ahmedabad (Rural) dtd.13/7/2009 below application Ex.5 in Regular Civi