- (1.) HEARD learned Counsel for the parties and perused the records.
(2.) THE instant civil revision under Section 115 of the Code of Civil Procedure, 1908 (amended) arises out of the proceedings in suit for declaration wherein vide orders dated 25.5.2006 passed by the Additional Civil Judge (Senior Division), Court No. 2, Sitapur, the defendants' application paper No.71Ga-2 was allowed, whereas the plaintiffs' application Nos. 74Ga-2 and 75 Ga-2 were rejected. Brief facts, giving rise to the instant civil revision, are that plaintiffs/revisionists havefiled a suit for declaration and partition on 13.5.2003, which was numbered as Civil Suit No. 264 of 2003, along with an application for temporary injunction under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure. Notice was issued and in response thereof, the defendant No.2/opposite party No.l-Usha Bhasin appeared through her Counsel on 13.5.2003 and filed her objections to an application for temporary injunction. The trial Court, vide order dated 23.5.2003, had granted ad interim injunction, restrain­ing the opposite party No.l-Usha Bhasin from raising any construction over the land in dis­pute till disposal of the suit.
(3.) SUBSEQUENTLY , as and when the case was fixed for filing written statement by the trial Court, the defendant No. 2/opposite party No.l-Usha Bhasin moved applications for adjournment on one pretext or the other, which was though vehemently opposed by the plaintiff but even then the trial Court on ev­ery occasion allowed the application for ad­journment and granted time to the defendant No. 2/opposite party No.l-Usha Bhasin for filing written statement.;