JUDGMENT :

1. The appellants have challenged order dated 22.08.2023 passed by the 1st Additional District Judge, Jammu, whereby the application of the respondents/plaintiffs for grant of interim injunction has been allowed and the appellant/defendant has been inter alia temporarily restrained from dispossessing the respondents/plaintiffs from the suit property.

2. Issue notice to the respondent. Mr. Kamal Magotra, Advocate who is on caveat waives notice.

3. The appeal with the consent of learned counsel for the parties is taken up for consideration.

4. It appears that the respondents/plaintiffs filed a suit against the appellant/defendant seeking specific performance of agreement to sell dated 16.09.2021 with a consequential relief of permanent prohibitory injunction restraining the appellant/defendant from dispossessing the respondents/plaintiffs from the suit property. In the plaint, it was averred that an agreement to sell came to be executed on 16.09.2021 between plaintiffs and the defendant in respect of a residential house constructed on a piece of land measuring 10 marlas under khasra No. 436 min situated at Barnai, Tehsil Jammu. The total sale consideration of the land was fixe