Partha Sarthy, J.—

Re.: I.A. no. 4 of 2022

Heard learned counsel for the appellants and learned counsel for the respondents.

2. The instant application has been filed under Order XXXIX Rules 1 and 2 and section 151 of the Code of Civil Procedure praying therein to restrain the substituted respondents 1(a)(i) to 1(a)(x) from making any new construction in the suit land during pendency of this appeal. Further prayer is made to restrain the respondents from demolishing the suit house and making any new construction and to maintain status quo during pendency of the appeal.

3. The plaintiff -appellant filed title suit for specific performance of contract which was registered in the learned trial court as Title Suit no. 55 of 1967/102 of 1984. This suit along with two others having been dismissed by common judgment dated 23.9.1986 passed by the learned 2nd Additional Sub Judge, Bhojpur, Buxar, the instant appeal has been preferred.

4. The plaintiff’s case is that an agreement for sale was entered into on 27.2.1967 between Raghunath Prasad Patwa and the plaintiff for sale of the suit property for a total consideration of Rs. 13,500/- out of which Rs. 1500/- was given in advance as earnest amou