( 1 ) THIS is an appeal under Sec. 104 of the Code of Civil Procedure read with Order 43 Rule 1 (r) of the Civil Procedure Code directed against order dated 2nd August, 1999 passed below Exh. 5 in Special Civil Suit No. 161 of 1999 by the learned IIIrd Joint Civil Judge (S. D.), Vadodara.

( 2 ) THE present appellant is the plaintiff, while respondent is the defendant in aforesaid suit.

( 3 ) FACTS leading to the present appeal in a nutshell are as follows:3. 1 formerly, plaintiff filed Regular Civil Suit No. 1044 of 1998 for a decree of declaration to the effect that defendant has no right, title or interest to transfer the suit property described in Para 11 of the plaint to any other person, without consent of plaintiff. Consequently, plaintiff also prayed for a perpetual prohibitory injunction restraining defendant from transferring the said property to any other person. Subsequently plaintiff amended the plaint and prayed for a decree for specific performance of an agreement to sell dated 21/07/1998 executed by defendant in favour of plaintiff, as a result of such amendment, the aforesaid Regular Civil Suit No. 1044 of 1998 was converted and it was numbered as Special Civil Suit No. 161 of 1999. 3. 2 on 12/8/1998, plaintiff has submitted an application Ex. 5 for an interim injunction restraining defendant from transferring the suit property to any other person till final disposal of the suit. Consequent upon amendment in the plaint for relief of decree for specific performance of agreement to sell, relief at Para 8a was added by which plaintiff prayed for an interim mandatory injunction directing defendant to hand over the physical possession of suit property to plaintiff. 3. 3 admittedly, the suit property is of ownership of defendant. The defendant executed an agreement to sell on 16/4/1998 for suit property in favour of plaintiff for consideration of Rs. 5,50,000. 00. It is the case of the plaintiff that plaintiff has paid in all Rs. 3,67,885. 00 by different items to the defendant till the date of said agreement to sell. That agreement to sell was got registered in the Office of the Sub Registrar, Baroda on 21/04/1998. 3. 4 it is the case of the plaintiff that as per said agreement to sell, final sale deed was to be executed within six months from the date of that agreement to sell. It was also agreed upon by and between both the parties that plaintiff would pay remaining amount of Rs. 1,82,115/- to defendant at the time of execution of final sale deed. Thereafter on 22/4/1998, one agreement was executed in between plaintiff and defendant. It is the case of the plaintiff that by execution of the second agreement on 22/4/1998, defendant had handed over the possession of suit property except the first floor, to plaintiff. 3. 5 it is the case of the plaintiff that on or about 19/7/1998, defendant got one criminal complaint lodged against plaintiff through her husband and in connection with that complaint, police arrested police and took plaintiff into police custody on 20/7/1998. On that very day i. e. 20/7/1998, the defendant filed Regular Civil Suit No. 942 of 1998 against plaintiff in the Civil Court, Vadodara and sought an exparte interim injunction restraining plaintiff from entering into suit property. Thereafter, present plaintiff was released on bail in case lodged against him by the husband of the defendant. He came to know that defendant had taken over the possession of suit property in his absence when plaintiff was in police custody. Thereafter, plaintiff filed aforesaid suit and filed application Ex. 5 for reliefs stated earlier. 3. 6 on the date of filing of the application Exh. 5 i. e. 12/8/1998, the learned Judge of the trial Court granted ad-interim injunction in terms of Para 5a of the application Ex. 5 for a limited period upto 28/8/1998 and subsequently that order was extended from time to time till 1/8/1999. 3. 7 in the said proceeding of application Ex. 5, defendant appeared and filed h