JUDGMENT :

S.C. Gupte, J.

The appeal is admitted and taken up for hearing forthwith by consent of counsel.

2. This appeal from order challenges an order passed by Bombay City Civil Court at Dindoshi, Mumbai on a notice of motion. By the impugned order, the Appellant (original Defendant) was restrained from alienating, or creating any third party interest in, the suit flat. This was by way of an ad-interim protection to the Respondents (original Plaintiffs). This order has since been perpetuated and obtains till date. On these bare facts, ordinarily I should have asked the parties to go for an expeditious hearing of the notice of motion instead of entertaining this appeal from an ad-interim order. Considering, however, the peculiar facts of the case and particularly, having regard to the fact that this controversy has had a long and chequered history, where the parties have already gone right upto the Supreme Court, I am of the considered view that I should hear the parties at length and consider the case threadbare at the stage of ad-interim relief itself. Learned Counsel for both sides have showed their inclination to go in for a detailed hearing. I have accordingly heard Counsel and