S.H. Vora, J.—Challenge in present Appeal preferred under Order 43, Rule 1(r) read with Section 104 of the Civil Procedure Code (For short “CPC”), is the order dated 29.04.2013 passed in Special Civil Suit No.73 of 2012 passed by the learned Principal Senior Civil Judge, Navsari, wherein pending hearing of the suit for the specific performance based upon agreement dated 06.08.2012 in favour of the plaintiff - appellant in respect of the land property admeasuring 2-21-57 HRA Sq. Mtr. situated at Survey No.239/1 and Survey No.239/2 in the area of village: Vijalpore, Tal. Jalalpore, Dist. Navsari (now, it would be referred to as “suit property”), prayed to restrain the respondents from transferring, assigning, leasing, mortgaging or transferring in any manner and further to prevent from making any construction or to change the identity of the suit property till final disposal of the suit. Parties to the present proceedings would be referred to as per their status before the trial Court.

2. Brief facts leading to the present Appeal can be stated thus:

2.1 It is the case of the plaintiff that the defendants agreed to sell the suit property for total consideration of Rs.31 Crores