R. M. LODHA, J.

( 1 ) THE appellants are original plaintiffs in the suit filed by them for declaration that the agreement dated 26th august, 2002 has been legally and validly terminated by the plaintiffs with effect from 10th March. 2004 and that the defendants have no right, title or interest under the said agreement and/or in respect of construction already put up by the defendants and direction to defendants by way of mandatory injunction to remove themselves and their materials and machineries etc. from the said construction site forthwith. The plaintiffs took out Notice of motion praying for the following interim reliefs:" (a) that pending the hearing and final disposal of the suit, the Defendants, their servants and agents be directed by a mandatory order an injunction to forthwith remove themselves their materials and machineries, etc. from the said construction site. (b) Pending the hearing and final disposal of the suit, Court Receiver, High Court bombay be appointed as Receiver under order XI, Rule 1 of CPC with all powers with directions to appoint the Plaintiffs as his agents without any security or royalty in order to develop and construct on the construction site as the Plaintiffs deem fit. (c) that pending the hearing and final disposal of the suit, the defendants, their servants and agents be restrained by an order and injunction of this Honble Court from entering and remaining upon the said construction site and putting up any construction thereof and interfering with and obstructing the completion of construction work and development by the plaintiffs. (d) that pending the hearing and final disposal of the suit, the Defendants, their agents and servants be restrained by an order and injunction of this Honble Court from selling, encumbering, alienating or creating any third party rights in any manner whatsoever in respect of any portion of the said Project. "

( 2 ) THE defendants contested the notice of Motion by filing reply affidavit and inter alia set up the case that the defendants have sold nine flats to various purchasers and by the letters dated 2nd March, 2004, 19th march, 2004 and 31st May, 2004, the plaintiffs were informed in that regard. According to the defendants, the plaintiffs were aware that the said nine flat purchasers have an interest and any order passed by the Court would affect the right, title and interest of the nine flat purchasers. We are informed that subsequently, agreement of one flat purchaser has come to an end.

( 3 ) IN the backdrop of this aspect, it appears the learned Motion Judge directed the plaintiffs to amend the Plaint by joining the persons whose names were disclosed in the letter dated 31st May, 2004 of the defendants at Sr. Nos. 1 to 5, 7, 8 and 9 and carry out necessary consequential amendments in the plaint. The learned Motion Judge recorded the statement made on behalf of the defendants that they would not create further third party interest until the disposal of the suit and that they would not carry out any further construction without seeking the leave of the court. In view of these statements, the learned motion Judge disposed of the Notice of Motion with liberty to take out fresh Notice of Motion seeking interim reliefs including the interim reliefs which were sought in the Notice of motion.

( 4 ) WE deem it proper to reproduce the order dated 1st April, 2005 as it is:"coram: D. K. DESHMUKH, J. DATED: 1-04-2005. P. C. 1. Heard the learned Counsel for both the sides. The learned Counsel for defendants states that the defendants have already furnished the details which they were required to furnish according to Clause 2 (i) of the order dated 28th May, 2004. The learned Counsel further states that the defendants will not create any further third party interest till the disposal of the suit. The learned Counsel for defendants further states that the defendants also will not carry out any further construction without seeking the leave of the Court. The st