KAILASH GAMBHIR, J.

1. By this order I propose to dispose of application filed by the plaintiffs under Order 39 Rule 1 & 2, CPC and the application filed by the defendant under Order 39 Rule 4 read with Section 151, CPC to seek vacation of restraint order dated 7.4.2011 and for modification of order dated 14.3.2011.

2. Vide an ex-parte order dated 14.3.2011, the defendant was restrained from parting with possession of any part of the property or creating any third party interest in the property bearing number 12, Road No.42, West Punjabi Bagh, New Delhi. This court also directed that the defendant will not occupy any portion of the suit property without prior permission of the court. Vide order dated 7.4.2011, the defendant was also restrained from carrying out further construction in the property till further orders.

3. Addressing arguments on behalf of the defendant, Sr.Advocate Mr. SandeepSethi submitted that defendant has been seriously prejudiced by the order dated 14.3.2011 whereby he has been restrained to occupy any portion of the suit property and order dated 7.4.2011 whereby defendant has been restrained from carrying out further construction in the suit propert