1. The appellant challenges order dated 16/5/2014 passed by learned Principal Senior Civil Judge, Ankleshwar below exh 5 in Special Civil Suit No.52/2013, whereby an application under Order 39 Rule 1 & 2 of the Code of Civil Procedure, 1908preferred by the appellant came to be dismissed.

2. The appeal was admitted on 9/7/2014. On the same day, the following order was passed in Civil Application No. 7471/2014, which the appellant has preferred for restraining the respondent from alienating the suit property. The following order was passed on Civil Application:

“Rule returnable on 9.9.2014.

1. Learned advocate Mr. Kariel for the applicant – original plaintiff states at bar that the applicant – plaintiff is not in possession of the suit land and further, the plaintiff is ready and willing to deposit balance consideration of Rs.219 lac with the trial Court, as the plaintiff has already paid a sum of Rs.218 lac to the respondent – defendant. Under the circumstances, parties to the suit are directed to maintain status quo position qua suit land as existing today. Upon Page 1 of 2 HC-NIC Page 1 of 2 Created On Fri Jul 15 16:41:48 IST 2016 deposit of Rs.219 lac by the plaintiff with