( 1. ) PRESENT Miscellaneous Civil Application has been preferred by the applicants herein-original respondents -defendants to vacate the interim relief granted earlier by this Court passed in Appeal from Order No.170 of 2009 with Civil Application No. 5369 of 2009 while exercising powers under Order 39 Rule 4 of the Code of Civil Procedure in view of change circumstance which has taken place subsequent to the granting of the interim order passed by this Court passed in aforesaid Appeal from Order No.170 of 2009.

( 2. ) THE facts leading to the present Miscellaneous Civil Application in nutshell are as under:

2.1. That the respondents herein-original plaintiffs have instituted Special Civil Suit No.426 of 2008 in the Court of learned Principal Civil Judge (S.D), Ahmedabad (Rural) against the applicants herein-original defendants for specific performance of the agreement / Banachithhi dated 24th April, 2008 in respect of the immovable property situated at mouje Kalana, Tal. Sanand, District: Ahmedabad bearing Khata Nos. 99 and 100, Survey No.236 paiki, admeasuring about 24,180 sq.mts. That the original plaintiffs have also sought a permanent injunction restraining the defendants from transferring or assigning the property in favour of the third party or from obstructing or interfering in the plaintiffs possession of the property. That it was alleged by the plaintiffs that the suit property is agreed to be sold by defendants- original land owners for a sale consideration of Rs.42,00,300/-. It was case on behalf of the plaintiffs that despite the part sale consideration was paid by clearing debt of Rs.10 Lacs and thereafter some balance amount was paid by cash and the possession was handed over to the plaintiffs, the defendants were not executed the sale-deed in their favour and they were trying to sell / dispose of the properties in question. That in the said suit, the plaintiffs submitted application Exh. 5 for interim injunction restraining the defendants from transferring and / or alienating the suit property in question in any manner whatsoever and restraining the defendants from obstructing the possession of the plaintiffs.

2.2. That the said application Exh.5 was opposed by applicants herein -original defendants by submitting that Banachithhi is forged and concocted one for which criminal complaint has been filed. It was also further submitted that as such, there was no agreement between the plaintiffs and defendants and the amount of Rs.9 Lacs was not paid by the plaintiffs but by one Shri Shashi Bhushan and Therefore, the plaintiffs are not entitled to file the suit and/or pray for specific performance. That it was also submitted that as such the possession is with the defendants. Therefore, it was requested to dismiss the application Exh.5.

2.3. That the learned trial Court by order dated 18.4.2009 dismissed the application Exh.5 with respect to the transfer and the possession also. So far as the possession is concerned, learned trial Court relied upon the Commissioner's Report by which the possession of the defendants (applicants herein) was proved and the appellants / original plaintiffs were not found to be in possession of the suit lands

2.4. That being aggrieved and dissatisfied with the order passed by the learned trial Court passed below Exh.5 in dismissing the same, the respondents herein-original plaintiffs preferred Appeal from Order No.170 of 2009 before this Court and this Court by judgment and order dated 13.7.2009 allowed the said Appeal from Order in part and granted interim injunction restraining the applicants herein-original defendants from transferring and /or alienating the suit property in question in any manner whatsoever during the pendency of the suit. THE applicants herein -original defendants are also restrained from parting with the possession of the land in question. While allowing the aforesaid Appeal from Order and granting the aforesaid interim injunction this Court considered the stat