- (1.) The petitioners seek special leave to appeal to this court from the order dated 6/01/1992 of the division bench of the High court of Bombay in Appeal No. 1169 of 1991 in Notice of Motion No. 259 of 1989 in the pending Suit No. 3883 of 1989. We have heard learned counsel for petitioner 1 and the learned counsel for the caveator/respondents who have filed their counter. Leave granted.
(2.) The suit, from the interlocutory proceedings in which this appeal arises, is one for a setting aside of a decree for specific performance of an agreement to sell made on consent of parties. This consent decree is challenged in the suit. There was an interim order of injunction granted on December 22, 1989 at the instance and for the benefit of the respondent plaintiff, restraining the present appellants who are the defendants from as serting any rights under the earlier consent decree. The matter then came up on 25/10/1991 and later on 29/10/1991 for confirmation of the interim injunction. On that day the court refused the first-appellants prayer for grant of an adjournment to file its counter-affidavit and proceeded to make the interim order absolute.
(3.) Appellants 2 and 3, who were the other defendants in the suit, though duly served remained unrepresented before the court both on 25/10/1991 and on 29/10/1991.;