( 1 ) THIS is an appeal filed by the appellants under Section 10 of the Delhi High Court Act and Order 43 Rule l (r) of the Civil Procedure Code dated 2. 12. 1994 passed by the learned Single Judge issuing "notice" to the defendants in IA No. 10356/94 in Suit No. 2630/94. The suit was filed for specific performance of the agreement of sale dated 30. 9. 1986 executed by Mrs. Kaula (predecessor in title of defendants 1 to 4) in favour of the appellants for sale of property. In the IA, the appellants prayed for a restraint order against the defendants 1 to 4 from parting with possession or encumbering the property in any manner. When the IA came up before the learned trial Judge, the said defendants who had filed caveat took notice and it was ordered "notice for 4th January,1995". It is against this order that this appeal has been preferred. The defendants 1 to 4 have again appeared through counsel and opposed the grant of any order. They have contended that the appeal is not maintainable.

( 2 ) THE point for consideration is whether an appeal lies under Order 43, Rule l (r) of the Civil Procedure Code against an order passed under Order 39 Rule 3 CPC directin