Vishnudeo Narayan, J.

1. This appeal at the instance of the defendant-appellant stands directed against the impugned order dated 25.9.2003 passed in Title Suit No. 116 of 2001 by Shri R.K. Gupta, Sub-Judge III, Ranchi whereby and whereunder the petition under Order XXXIX, Rules 1 and 2 read with Section 151 of the Code of Civil Procedure filed by the defendant for grant of temporary injunction was rejected.

2. The plaintiff-respondent (hereinafter referred to as plaintiffs) had filed Title Suit No. 116 of 2001 against the defendant-appellant (hereinafter referred to as defendant) for a declaration that the defendant has violated the terms and conditions of the agreement dated 11.2.1999 and thereupon for a further declaration that the cancellation/termination/discharge of the said agreement by the plaintiffs for breach of terms and conditions thereof on the part of the defendant was proper, legal and valid and binding upon the parties. A further declaration has been sought that consequent upon the discharge of the agreement, the defendant is only entitled to cost of the part construction done by him during the subsistence of the said agreement as per CPWD or PWD rates after de