( 1 ) WHILE the matter relating to the continuance of the ad interim order dt. 27 Nov. , 1987 is under consideration, the petitioner, plaintiff before the Munsif, Bansgaon, in Suit No. 188 of 1987 Ram Kalap Verses Surender, has moved an application that he does not press his petition while accepting that the respondent 2, the defendant, may continue in possession over the property in dispute but be restrained from making any fresh constructions.

( 2 ) IT is contended on behalf of this respondent that while the petitioner will be free not to press the petition there should not be any order from the Court that he may be restrained from making any constructions. It is correct that should the petition be not pressed it will remain pending awaiting decision on issues raised between the parties. Let the issues be examined. These are; that while the suit had been instituted and an interim injunction was sought from the trial Court to the effect that the defendant respondent be restrained from raising any further construction during the pendency of the suit, amongst other reliefs sought, the trial Court granted an ad interim injunction, to the petitioner. The appellate Cour