dated 19.09.2022, held that the suit was for seeking specific performance of the contract. It was necessary to preserve the property in the state it existed to avoid multiplicity of litigation. Accordingly, the application was allowed and status quo order was passed qua possession, alienation or creating further third-party interest in the suit land.

3(iv).

All the three defendants assailed the order passed by the learned Trial Court vide their common appeal instituted on 05.11.2022 before the learned First Appellate Court. Vide its judgment dated 29.11.2022, learned First Appellate Court held that the relief prayed for by the plaintiff (respondent No.1 herein) under Section 151 CPC for restraining the defendants from selling and alienating the suit land or creating any third-party interest will not take away the fact that such relief was covered under Order 39 Rule 1 CPC. Therefore, the same should have been sought under Order 39 Rule 1 CPC and not under Section 151 CPC. Learned First Appellate Court further held that merely because the learned Trial Court had mentioned Section 151 CPC while passing the order, would not mean that the order was passed under Section 151 CPC. The