[1.0] Present Miscellaneous Civil Application has been preferred by the applicant herein original appellant original plaintiff under Order 39 Rule 2A of the Code of Civil Procedure, 1908 (hereinafter referred to as CPC ) complaining about the breach of injunction granted by this Court vide judgment and order dated 29.06.2009 passed in Appeal From Order No.86/2009, by respondent Nos.1 to 5 and 7 herein.

[2.0] Facts leading to the present Miscellaneous Civil Application in nut-shell are as follows:

[2.1] That the applicant herein original plaintiff instituted a suit against respondents for specific performance of Agreement to Sell regarding suit land in question. That in the said suit the applicant original plaintiff submitted the application for interim injunction below Exh.5 restraining the defendants, their agents, servants from transferring and/or alienating the suit land in favour of any other person or to create any charge over the suit land pending the suit. That the learned trial Court by order dated 31.12.2008 dismissed the said application Exh.5 and refused to grant injunction as prayed for.

[2.2] That being aggrieved and dissatisfied with the order passed by