JUDGMENT :- This appeal is directed against the order of the District Court at Panaji, dated April 15, 1977, whereby the Court passed an interim injunction in favour of the respondents/original plaintiffs pending the hearing of an appeal filed to that Court against an order of temporary injunction passed by the trial Court.

2. A suit was filed by the respondents/original plaintiffs to obtain a permanent injunction against the appellants restraining them from interfering with the suit land. They applied for a temporary injunction. The application was rejected by the trial Court. The plaintiffs went in appeal to the District Court. Pending the appeal they applied to that Court for a temporary injunction. That injunction was granted by the order which is now impugned in this appeal.

3. At the hearing of this appeal Shri Peres Cardozo, learned advocate for the respondents, raised a preliminary objection that no appeal lies against an order passed by the District Court in appeal under S. 104 C. P. C. which reads as follows:-

"S. 104: (1) An appeal shall lie from the following orders, and save as otherwise expressly provided in the body of this Code or by any law for the time being in force

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