JUDGMENT :

1. We invited the Counsels to address us on the merit of the instant appeal.

2. A suit for specific performance of an agreement for sale for immovable property is filed by the plaintiff/respondent no. 1 and in such suit an application for temporary injunction was taken out for ex-parte ad-interim order of injunction alleging that the defendants/respondents are contemplating to part with possession and also making certain changes in respect of the suit property.

3. The suit property as described in the plaint includes within itself the entire property wherein the original defendants allegedly entered into an agreement for sale and also allegedly received the consideration in cash.

4. At the time of hearing, the Counsel for the plaintiff/respondent admits that the present appellants are the co-sharers in respect of the property described in the schedule and the said purported agreement for sale was executed by two of such co-sharers divesting their right, title and interest, which they have jointly with the other co-sharers and, therefore, there is no impediment in purchasing the share of the co-sharers in respect of the joint property.

5. The present appeal is filed by non-par