- (1.) The Court : It appears from the records that, vide order dated October 8, 2021, the appeal was restored to its original file and number. However, in the absence of learned counsel for the respondent, leave was given to the appellant to take out a fresh application for reinstatement of the interim orders which were vacated on dismissal of the appeal for default.
(2.) Pursuant to such leave, the present application has been filed. Learned senior counsel for the appellant /petitioner submits that, in the meantime, the property has been transferred to a third party. However, if the property is further transferred and /or encumbered in the meantime prior to hearing of the appeal, the rights of the parties shall be prejudiced.
(3.) It is fairly submitted by learned senior counsel that the appellant has already been dispossessed by the third party purchaser in an auction sale which took place in the meantime. However, since a bank guarantee was furnished to the tune or Rs.38 lakh in terms of the order dated February 11, 2016, the same should be directed to be continued and /or renewed, if necessary, till the disposal of the appeal to furnish sufficient security in respect of the property-in-dispute.;