JUDGMENT :

K.A. Puj, J.

The appellants - original plaintiffs have filed this Appeal From Order under Section 104 read with Order 43 Rule 1(r) of the CPC, praying for quashing and setting aside the judgment and order passed by the City Civil Court below Notice of Motion Ex.6/7 in Civil Suit No.2492 of 2004 dated 26.9.2006, whereby the learned City Civil Judge has vacated ad interim relief granted earlier at the time of filing of suit and rejected the Notice of Motion.

2. This Court has issued notice on 2.11.2006 and the respondents were restrained from transferring, alienating the suit property and further directed to maintain the status quo prevailing as on the date of issuance of notice. This interim relief continues till this date.

3. Heard Mr. S.M.Shah, learned advocate appearing with Mr.C.H.Vora, learned advocate for the appellants and Mr. D. C. Dave, learned advocate appearing for the respondent Nos.4 to 7. Despite service of notice nobody appears on behalf of respondent Nos.1 to 3.

4. It is the case of the appellants - original plaintiffs that they did not sell their land of Final Plot No.330 admeasuring 2090 Sq. Mtrs. Situated in Bodakdev of Ahmedabad City. The appellants - plain