(1.) THE present Appeal from Order has been preferred by the original appellants - original plaintiffs under Order XLIII Rule 1 of the Code of Civil Procedure challenging the impugned order dated 6th July,2009 passed by learned Principal Senior Civil Judge, Palanpur below Exh-5 in Special Civil Suit No. 22 of 2009, by which, the learned Trial Judge has dismissed the said application for interim injunction and vacated the interim relief granted on 1st November,2007.
(2.) HEARD Mr. S. P. Majmudar, learned advocate appearing on behalf of the appellants original plaintiffs and Mr. R. J. Goswami, learned advocate appearing on behalf of the respondent herein original defendant.
(3.) MR. R. J. GOSWAMI, learned advocate appearing on behalf of the respondent original defendant under the instruction of his client has stated at the Bar that if the appellants herein deposit the balance sale consideration with the Trial Court within stipulated time which may be fixed by this Court to show their bonafide, in that case, without prejudice to the rights and contention of the original defendant in the Suit and without prejudice to the pending Suit, if ad-interim relief granted earlier on 1st November,2007 is made absolute till final disposal of the Suit, respondent original defendant has no objection and for that he does not invite any further reasoned order.