- (1.) The matrix of the facts & material, culminating in the commencement, relevant for deciding the instant revision petition and emanating from the record, is that, initially, petitioner-plaintiff M/s Aarlia Builders and Developers Private Limited (for brevity "the plaintiffcompany") , has instituted the civil suit (Annexure P5) for a decree of declaration to the effect that the order of partition (Sanand Taksim) dated 22.1.2009 and the entire partition proceedings by the revenue authorities, pertaining to the land in dispute, are illegal, unlawful, arbitrary, ultra vires, void abinitio, unconstitutional, without jurisdiction and are not binding on its rights, with a consequential relief of permanent injunction, restraining respondents-defendants M/s Sukhda Promoters Private Limited & other companies (for short "the defendants-companies"), from changing the nature, raising any construction and from alienating any specific portion of the suit property to any other person in any manner. The plaintiff-company has also filed the application (Annexure P6) for ad interim injunction under Order 39 Rules 1 and 2 read with section 151 CPC.
(2.) Sequelly, the defendants companies No.1 to 6 have contested the suit & stay application, filed written statement (Annexure P7), reply (Annexure P8) to the injunction application, stoutly denied all the allegations contained in the plaint and prayed for dismissal of suit.
(3.) The trial Court dismissed the injunction application filed by the plaintiff-company, by means of impugned order dated 7.1.2010 (Annexure P10).;