( 1 ) THE appellants filed a suit claiming decree for partition, declaration and permanent injunction in respect of property mentioned in Annexure b attached to the plaint. Alongwith the suit an application was filed by the appellants under Order 39 Rules 1 and 2 read with Section 151 Civil Procedure Code to restrain the respondents from alienating, transferring, selling or parting with possession of house No. 2575, Main Road, Raghubarpura No. 2, Gandhi Nagar, Delhi. After the pleadings were completed, learned Single Judge dismissed the application of the appellants by the impugned order dated 10th January,2001. This order is under challenge in this appeal.

( 2 ) THE appeal, was posted for preliminary hearing on 19th January,2001 on which date submission of the learned Senior counsel for the appellants was recorded that the alleged will dated 21st March,1984 propounded by the Respondents had not been produced in original before the learned single Judge and was not attested in accordance with law due to which the will ought not to have been considered by the learned Single Judge. It was also noticed that this ground has been taken in the memorandum of Appeal and