(Per : HONOURABLE THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA) This is an application for injunction restraining the respondents from transferring, alienating or encumbering the suit property till the disposal of the First Appeal preferred by an unsuccessful plaintiffs in the suit for specific performance of contract.
After hearing the learned counsel for the parties and after going through the materials on record, we find that during the pendency of the suit, the plaintiffs prayed for selfsame relief, but such prayer was refused and the matter went up to the Supreme Court of India and the order of refusal of injunction was affirmed up to that Court.
Once it appears that the plaintiffs failed to secure any interim order during the pendency of the suit, in our opinion, the plaintiffs cannot expect to get the selfsame relief after having lost in the suit on merit.
Moreover, in the facts of the present case, in our opinion, doctrine of lis pendense will sufficiently protect the interest of the plaintiffs and we do not find any reason to pass any interim order on this application. Therefore, if any further transfer is made or if the nature of the property is changed during the pendency of the appeal, the defendants or their successors will not be entitled to claim any equity in the event the appeal succeeds in the long run.
It appears that the appeal is ready as regards service. We, therefore, direct the appellant to prepare 8 informal copies of paper book containing the plaint, written statement, depositions, entire evidence, judgment and decree impugned and the memorandum of appeal presented before this Court within four weeks.
With the above observations, the application is dismissed.
[BHASKAR BHATTACHARYA, ACTING CJ.] [J.B.PARDIWALA, J.] pirzada/-
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