Heard Mr. Sriniwas Singh for the appellants, and Mr. V.R.P. Singh for respondent nos.1 and 2. The appellants have filed this application under Order 41, Rule 5, CPC Learned counsel for the appellants submits that this is a first appeal where all issues of law and facts are open, and that the appellants have good chances of success in this appeal. It is further submitted that the respondents either have alienated portions of the suit property earlier, or are intending to do so, which will render the appeal infructuous.

2. I have perused the materials on record and considered the submissions of learned counsel for the parties. Law is well settled that if a lis has been admitted for adjudication, then it becomes the duty of the Court to preserve the subject matter of the same by an appropriate order so that it is available at the time of final adjudication and the decree does not become a barren one. In that view of the matter, the parties are hereby prohibited by ad interim order of injunction from disposing of, encumbering, or changing the nature, character or user of the suit property until further orders of this Court.

I.A. No. 4354 of 2004 is accordingly disposed of.