JUDGMENT :

NELSON SAILO, J.

1. Heard Mr. A.R. Malhotra, learned counsel for the appellant and Mr. J.H. Ramneihmawia, learned counsel for the respondent Nos. 1, 2 and 3. None appears for the respondent No. 4.

2. This is an appeal filed by the appellant under Order 43 Rule 1 (r) of the Code of Civil Procedure, 1908 (CPC) r/w Section 151 CPC and also Section 17 of the Mizoram Civil Courts Act, 2005 against the impugned Order dated 18.10.2022 passed by the Senior Civil Judge-IV, Aizawl in Civil Misc. Application No. 262/2021 arising out of Civil Suit No. 37/2021.

3. Be it stated herein that this is the second time the appellant is before this Court. The earlier appeal being FAO No. 3/2021 was disposed of vide Judgment and Order dated 25.02.2022.

4. Brief facts of the case essential for disposal of the instant appeal and as projected by the respondent Nos. 1, 2 and 3 is that they along with 3 (three) other persons, entered into an agreement with the appellant/defendant No. 1 for sharing equally the amount of compensation to be received towards certain plot of land belonging to the respondent No. 4/defendant No. 2 and one Smt. Lalthlamuani and the same was executed on 09.06.2016, and witnessed by the President, Village Council of Sihhmui, Sairang, Aizawl District. However, when the compensation amount was received for the property in question, the appellant/defendant No. 1 failed to abide by the agreement dated 09.06.2016 and instead, she distributed the compensation amount as per her own wishes and in violation of the agreement. Aggrieved, the respondent Nos. 1, 2 and 3 filed Civil Suit No. 37/2021 before the Court of Senior Civil Judge, Aizawl, praying for a decree for declaring the agreement dated 09.06.2015 (2016) as valid and binding upon the parties and for a direction to the appellant/defendants No. 1 and the respondent No. 2 for immediate payment of money to them as per the said agreement.

5. Along with the Civil Suit, the respondent Nos. 1, 2 and 3 filed Civil Misc. Application No. 262/2021 under Order 39 Rule 1 and 2 CPC for grant of permanent and temporary injunction against the defendants (the appellant and the respondent No. 4), to restrain them from disbursing/withdrawing the amount of money from their respective savings bank account in Mizoram Rural Bank, Chaltlang Branch and Sairang Branch respectively. Although the appellant as defendant No. 1 filed her written objection, the learned Court below vide the impugned Order dated 08.12.2021 granted temporary injunction to the respondent Nos. 1, 2 and 3 in the manner as already indicated hereinabove. Aggrieved, the defendant No. 1 as appellant filed FAO No. 3/2021 before this Court.

6. This Court vide the Judgment and Order dated 25.02.2022 then remanded the matter back to the learned Trial Court for fresh consideration with a direction to examine as to whether there exist a prima facie case and balance of convenience in favour of the plaintiffs and further, whether irreparable injury will be suffered by them which cannot be compensated in terms of money, if injunction is not granted to them. Upon remand, the learned Trial Court vide the impugned Order dated 18.10.2022 found it necessary that the money in the bank account of the appellant be frozen till disposal of the Civil Suit No. 37/2021. Aggrieved the appellant is again before this Court.

7. Mr. A.R. Malhotra, learned counsel for the appellant submits that in passing the impugned order, the learned Trial Court came to its conclusion by only considering the submissions made by the plaintiffs in their plaint. The learned Trial Court did not consider the objections raised by the appellant in her written statement against the civil suit and also in the civil miscellaneous application filed by the plaintiffs. By referring to the written statement filed by the appellant as defendant No. 1 before the Trial Court, the learned counsel submits that the alleged Agreement dated 09.06.2016, executed between the plaintiffs and the defenda