JUDGMENT :

1. The Appeal challenges the Order dated 24 August 2017 passed by the City Civil Court allowing Notice of Motion No. 3929 of 2016 filed by Plaintiff-Respondent for grant of temporary injunction. By the impugned order, the City Civil Court has restrained the Appellant-Defendant from dealing with, disposing of or creating any third party rights/interests or encumbrances in the suit property or allowing any third party to enter upon the suit property and from collecting rent from the tenants. The City Civil Court has further restrained the Appellant-Defendant from acting upon the Deed of Assignment and Transfer dated 21 October 2013. The Municipal Corporation is directed to stay the process of issuing development permission in favour of the Appellant-Defendant during the pendency of the suit. The City Civil Court has however recorded an undertaking on behalf of the Plaintiff that he would pay monthly temporary accommodation amounts and other statutory amounts to the tenants during the pendency of the suit.

2. The dispute between the parties is with regard to property bear