OSA No. 3 of 2008 9.12.2009 Present: Mr.Ajay Kumar, counsel for the appellant. Ms. Seema Guleria, counsel for respondents No. 1 & 2. Heard. Counsel for the appellant says that after passing of the impugned order, whereby the appellant’s petition for issuance of temporary injunction, restraining the respondents-defendants from alienating the property, the respondents-defendants transferred the suit property in favour of three persons, who are named in OMP No. 418 of 2008. According to him, this transfer took place after the passing of the aforesaid impugned order, but before the filing of the present appeal and that on account of the transfer of the suit property in favour of the persons, named in the said OMP No.468 of 2008, now it is desirable that the appellants-plaintiffs move another application under Order 39 Rules 1 & 2 C.P.C. before the learned Single Judge, seeking injunction that the suit property be not alienated during the pendency of the suit, even against the alienees, named in the said OMP, who had already been impleaded as defendants in the main suit vide order dated 18th September, 2008, passed in OMP No. 271 of 2008. He says that in view of this development, the appeal may be permitted to be withdrawn with liberty to the appellants-plaintiffs to move a fresh application under Order 39 Rules 1 & 2 C.P.C. before the learned Single Judge, seeking temporary injunction against all the defendants, especially the newly impleaded defendants/alienees. In view of the aforesaid development, which has taken place subsequent to the passing of the impugned order, we allow the prayer of the learned counsel for the appellant, especially when the counsel for respondents No. 1 and 2 does not oppose this prayer and the other respondents-defendants are not present. The appeal is dismissed as withdrawn. The appellants- plaintiffs shall have liberty to file a fresh application seeking temporary injunction against all the defendants, especially newly impleaded defendants. The making of that application will be subject to all the objections, which may be available to the respondents-defendants under law. ( R.B. Misra ), Acting Chief Justice December 9, 2009(K) (Surjit Singh ), Judge