Judgment

M. Jagannadha Rao, J.-Leave granted.

2. This is an appeal by the plaintiff in the suit and arises out of an application for grant of temporary injunction filed under Order 39 Rule 1 CPC by the plaintiff-appellant. The suit 337 of 1996 is now pending in the Court of the Civil Judge (S.D.), Baroda. The trial Court granted temporary injunction (wrongly described as permanent injunction) by order dated 2.8.1997 restraining interference with the appellant’s possession in respect of 8138 sq. meters in Survey No. 224 and 246 of Akota, Baroda District. On appeal by defendants 15 to 19, the High Court of Gujarat by orders dated 23.2.1998 in A.O. 409 of 1997, allowed the appeal and remitted the matter to the District Court and directed that meanwhile, the status quo on the spot be maintained. The defendants 1 to 14 support the plaintiff.

3. It appears that the defendants 1 to 14 are the legal heirs of the owner, one Gulam Husain Momin who died on 12.5.1971. The plaintiff claims that the said owners executed an (Unregistered) agreement of sale dated 14.10.1980 in his favour and received Rs. 25,000 on that day and later received various amounts on various days totalling Rs. 5,75,000 a