JUDGMENT :

Biswaroop Chowdhury, J.

1.The above appeals are taken up together for their inter connectiveness. These appeals arise out of the order dated 17th May 2022, passed by the Hon’ble Justice Krishna Rao in IA GA. 12 of 2022 in C.S. 12 of 2009 and order dated 4^th October 2021 passed by the Hon’ble Justice Moushumi Bhattacharya as her ladyship then was in IA. GA 9 of 2021 in C.S. 12 of 2009. As the Appeal APO No-102 of 2022 was preferred against the Order dated 4^th October 2021 passed by the Hon’ble Justice Moushumi Bhattacharya in IA. GA. 12 of 2022 in C.S. 12 of 2009 refusing to pass an order of injunction restraining sale of land at Thane and during pendency of the Appeal Land at Thane had already been sold, the Appeal APO No. 102 of 2022, has become infructuous and is treated as disposed of without further discussion.

2. The instant appeal APO-113 of 2022 arises out of the interlocutory Order dated 17th May 2022 passed by a Learned Single Judge of this Court wherein the Learned Judge was pleased to dismiss the application being IA GA 12 of 2022 in C.S. 12 of 2009 where the plaintiffs prayed for the following reliefs.

a) Direction upon the respondents to immediately circulate the valuation report of the CBRE South Asia Pvt Ltd in terms of the order dated 27^th January 2022 passed in G.A. No. 10 of 2022 and GA No-11 of 2022 in C.S. No. 12 of 2009 [Narendra Kumar Berlia and ors. VS Om Prakash Berlia and Ors.]

b) A fit and proper person be appointed as Special Officer/receiver who may be directed to do the following:

i) Obtain a copy of the valuation report from the appointed valuer, namely CBRE South Asia Pvt Ltd, and thereafter circulate the same to all the parties;

ii) Conduct sale of the said property by public auction or in such other transparent manner as this Hon’ble Court may so direct in order to ensure maximization of the sale value.

iii) Retain and hold the sale proceeds in a separate bank account subject to such further order or orders that may be passed by this Hon’ble Court.

C) Injunction restraining the respondent Nos. 1,2 and 15, their agents, servants and assigns from dealing with disposing of or transferring the said property fully described in the schedule hereunder pending disposal of the present application.

d) Ad interim orders in terms of prayer above;

e) Such further and/or other order or orders be passed direction as directions be given as Your Lordships may deem fit and proper.

3. During pendency of the above application GA 12/2022, the subject land with regard to which relief was sought by the Plaintiffs/Appellants, was disposed by the defendant/respondent no-15 by executing 3 deeds of conveyance on 31.03.2022.

4. The Learned Judge while dismissing the application filed by the Plaintiffs/Appellants was pleased to observe as follows:

5. “Heard the Ld counsel appearing for the parties, documents available on record and the judgement referred by the counsel for the defendant no 15.

6. Admittedly the plaintiffs have filed an application before this court being G.A. No 9 of 2021 earlier and in the said application also the plaintiffs have prayed for an injunction against the defendant no 15 by restraining the defendant no 15 for dealing with, disposing of and encumbering the property in question. In the said application this court vide order dt 04.10.2021 had categorically held that defendants cannot be restrained from giving any effect to the resolutions or restrained from disposing of or dealing with the said property. The plaintiffs have accepted the said order and have not carried the said order in appeal and thus the order dt 04.10.2021 reached its finality.

7. It further transpires from record that during the pendency of the instant application the defendant no 15 had executed deed of conveyance with respect of the suit property on 31.03.2022 and thus third party interest has been accrued and the plaintiffs have not made the purchaser as party to the instant application. The plaintiffs have also not challenged t