JUDGMENT

1. The present appeal has been filed against the order dated 07.07.2021 passed by the Additional District Judge No.1, Hanumangarh whereby the application under Order XXXIX Rules 1 & 2, CPC as preferred by the plaintiffs/respondents has been allowed.

2. The case of the appellants/defendants is that earlier after filing of the suit for specific performance of contract, the plaintiffs preferred an application under Order XXXIX Rules 1 & 2, CPC with a prayer that the property in question be not alienated and no charge be created on the said property. During the pendency of the said application, two subsequent applications under Section 151 CPC were preferred for restraining the defendants from raising construction on the disputed land. The first application under Order XXXIX Rules 1 & 2, CPC was finally decided by the Court on 05.04.2021 whereby the defendants were restrained from alienating as well as creating any charge over the property in question. The said order was silent as to raising of the construction by the defendants meaning thereby the learned Court had rejected the prayer of the plaintiffs for restraining the defendants from raising any further construction.

3. Lear