SAHIDULLAH MUNSHI,J. - (1.) The Court : In view of the good grounds shown, for the appellant not being represented on April 17, 2017, the order dismissing the appeal on such date is recalled and the appeal is readmitted.
(2.) The order under appeal arises in a suit for specific performance and the Interlocutory Court has imposed a condition on the appellant plaintiff to deposit a sum of Rs.1 crore to enjoy the usual order of an injunction restraining the defendants from dealing with the property or creating any third party rights in respect thereof during the pendency of the suit.
(3.) It is the submission of the appellant that the current market value of the property was not referred to in the affidavit used by the defendants and it could not also have been ascertained from the deed or deeds of conveyance executed by the other erstwhile co-owners in favour of the appellant that the share of the defendants in the property was of value in excess of Rs.1.5 crore.;