1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO.654 OF 2011 WITH CIVIL APPLICATION NO.883 OF 2011 Shabbir S. Ezzy ...Appellant. v. Jagtar Singh Niranjandas Jolly ...Respondents. Mr. P.S.Dani , adv. For the Appellant. Mr. S.U.Dhakephalkar, adv. For the Respondents. CORAM : J.H. BHATIA, J. DATED : JULY 15, 2011. P.C. 1 The learned counsel for the respondent/defendant makes a statement that after the ad-interim temporary injunction was vacated by the trial Court, the defendant has already transferred the suit property in favour of the third party and, therefore, prayer for temporary injunction to restrain the defendant from creating any third party interest in the suit property as become infructuous. In view of this development, the learned counsel for the plaintiff/appellant seeks to withdraw the appeal and the application with liberty to implead purchaser as defendant in the suit and to file fresh application for temporary injunction against him. Defendant shall supply details of the same transaction to the plaintiff so that purchaser may be impleaded in the suit. 2 2 Appeal and the application stand disposed off as withdrawn with the aforesaid liberty. In case, the plaintiff files fresh application for temporary injunction of the similar nature against the purchaser, that application will be decided on its own merits without being influenced by the impugned order passed on Ex.5 earlier. The learned counsel for the defendant/respondent states that a preliminary issue of limitation has been framed by the trial Court and it is at the stage of recording of evidence. If plaintiff files fresh application for temporary injunction as per the liberty given by this order, the trial Court shall also decide preliminary issue before finally deciding such application though he may consider request for ad-interim relief on such application. 3 Appeal and the application stand disposed off accordingly. (J.H. BHATIA,J.)