JUDGMENT :

R. Balia, J.

1. This is an appeal against Order dated 1st October, 1997 directing the defendant to restore the possession of the disputed Truck to the plaintiff on or before 10th October, 1997. The present-respondent filed a Suit for injunction against the appellant-Defendant seeking relief that the defendant should not take forcible possession of Truck No. GJ-2-A 2849 with boring rig and other accessories from the plaintiff. It appears that the plaintiff had acquired the Truck under the Hire Purchase Agreement with the Defendant-Appellant who was a Financier. Along with the Suit, a notice of motion was also taken out for temporary injunction in the said terms. Show cause notice was issued and it was made returnable on 16th May, 1997. On that date, defendant appeared and filed reply and the matter was adjourned to 23rd September, 1997. On that date, a Rejoinder was filed, however, matter could not be taken up and accordingly, it was adjourned to 1st October, 1997. On 1st October, 1997, an application was moved by the Plaintiff stating that though matter is pending, notice of motion is not decided, the Defendant has acted in the high handed manner and forcibly taken posses