S.H. Vora, J.

1. The present Appeal from Order under the provisions of Order 43, Rule 1(r) of the Code of Civil Procedure, 1908 (for short, 'the Code') is preferred by the defendant No. 2 challenging the order dated 3-11-2012 passed by the learned 2nd Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Patan below application Exh. 5 in Special Civil Suit No. 21 of 2012 restraining the defendant No. 2 to erect any additional construction in addition to construction already been done and further, directed both the parties to the suit to maintain status quo position qua the suit property pending final disposal of the suit. No doubt, the present Appeal from Order is filed under the provisions of Order 43, Rule 1(r) of the Code and challenge in this appeal is a discretionary order passed by the learned trial Judge under the provisions of Order 39, Rules 1 and 2 of the Code. In case of Matrix Telecom Pvt. Ltd. v. Matrix Cellular Services Pvt. Ltd., reported in 2011(3) GLR 1951, this Court, in Paras 6 and 6.1, observed as under:

"6. Before proceeding further it is required to be noted that the present appeal is against the rejection of interim relief and the main