( 1 ) HEARD Mr. Walawalkar with Mr. Gangal for appellants and Mr. Somandy with Mr. Jawal for respondent No. 1, Mr. Sawant for respondent No. 2 and Mr. Subramaniam for respondent No. 4.

( 2 )

( 3 ) RESPONDENT No. 3 is a formal party. Other respondents waive service. By consent of the parties appeal is heard for final disposal at the admission stage itself.

( 4 ) APPELLANT No. 1-Company came to be impleaded as defendant No. 3 in short Cause Suit No. 1248 of 2005 and the said Suit has been instituted by the present respondent No. 1. The present respondent Nos. 2 to 4 are defendant nos. 1, 2 and 4 respectively. In the said Suit Notice of Motion No. 1006 of 2005 has been allowed by the learned Judge of the City Civil Court at Mumbai by the impugned order dated 21-4-2005 and the appellant - original defendant No. 3 is aggrieved by the said order.

( 5 ) IN the main Suit the substantial reliefs prayed for are as under :

" (A) That the defendants and particularly the defendant No. 3 be restrained by an order of injunction of this Hon'ble Court from selling, disposing off, alienating, encumbering, parting with the possessior or creating any third party rights in respect of the said su