1. This is an Appeal against the order and judgment passed by the learned Joint Civil Judge (Civil Judge) Thane restraining Defendant No.1 from creating third party interests in the suit properties. The Appellant is Defendant No.1. Respondent Nos.1 and 2 are the Plaintiff and Defendant No.2. I will refer to the parties as they are arrayed in the suit.

2. In upholding the order I have given reasons of my own. The Plaintiff has made out more than just a strong prima-facie case requiring the parties to maintain status-quo pending the hearing and final disposal of the suit.

3. The suit is filed for a declaration that an MOU dated 24.6.2003 is valid and subsisting ; that the termination thereof by Defendant No.1 is illegal and for an order directing the Defendants to in effect specifically perform the suit agreement. In the above suit, the Plaintiff took out an application for interim reliefs in which the impugned order was passed.

4. The Defendants contended that the said MOU dated 24.6.2003 is not an agreement but merely an agreement to enter into an agreement and therefore not enforceable. I do not agree. In my view, it is a concl