( 1 ) HEARD learned counsel for the appellant.

( 2 ) IT appears in a suit for specific performance of contract, appeal came before this Court. A learned single Judge granted an order of temporary injunction putting the owner of the property to the condition that he would not make any construction upon the disputed land. Alleging, however, that the said order was violated by the owner of the property, the appellants herein, filed a petition to take action for the alleged wilful disobedience of the Court s order was filed. The learned single Judge issued and interim direction in the contempt proceeding on 26-9-1995 to the following effect :"however, in order to dispose of this Contempt Case without further enquiry into the extent of the suit property, it is assumed that the Masjid portion is outside the suit property inasmuch as the area of the rest of the property is more that 3000 sq. yds. which is the area agreed to be transferred to the petitioner by the respondents in respect of which suit for specific performance is being agitated. According to the respondents the permanent construction was carried on only in the Masjid area outside the suit property and, there