1.This appeal is preferred against the order 16.6.1994 by the Civil Judge (S.D.) Gondal, below Exh.5 in Regular Civil Suit No.48/94. The trial court passed the order as under:
"1.Application U/O R. 1-2 and sec-151 of C.P.C. is hereby allowed.
2.Temporary injunction till the final disposal of the suit is hereby granted against the defendant, its Kaligram Branch Manager, its Staff Members from Snatching away abruptly and forcefully the five trucks in question with the assistance of hired persons or in any other manner whatsoever.
3.Costs cost in cause."
2.While admitting the appeal this Court passed the following order in Civil Application No.2964/94:
"Rule. Heard the learned advocates. Notice as to interim relief returnable on 5.9.1994.
The order passed by the trial court, if perused, it becomes clear that the trial court has directed that the defendant, its Branch Manager or its staff members may not snatch away abruptly and forcefully the five trucks in question with the assistance of hired persons. It is required to be clarified that it does not mean that if, under the law, the Bank is entitled to have any coercive action for taking possession of the trucks, it would also be restrained from following that procedure in accordance with law.
Hence by way of ad interim relief, it is directed that it would be open for the Bank to take coercive process in accordance with law for the recovery of the amount, if entitled."
3.Thereafter on 29th November 1994 this Court passed the following order:
"In view of the observations made by this court (Coram: B.C. Patel J.) in its order dated 10.8.1994 to the following effect:
"Hence by way of ad interim relief, it is directed that it would be open for the Bank to take coercive process in accordance with law for the recovery of the amount, if entitled."
this application is not pressed and is disposed of. Rule discharged. No costs."
4.In view of the above orders and in view of the fact that it was kept open for the respondent-defendant to proceed in accordance with law by the Bank, nothing survives in the appeal from order. Accordingly the appeal is disposed of in terms of the order dated 29th November 1994. No order as to costs. Liberty to apply in case of difficulty.
[K.S. JHAVERI, J.] *ar*