- (1.) The present first miscellaneous appeal is at the instance of the plaintiffs and is directed against the order dated 21st October, 2009 passed by the learned Civil Judge (Senior Division), 1st Court at Alipore, District South 24-Parganas in Title Suit No. 3142 of 2009.
(2.) It would appear that the plaintiffs/appellants after filing the aforesaid title suit for specific performance of contract, declaration and injunction sought for an ad interim order of injunction upon filing an application under Order 39, rules 1 and 2 of the Code of Civil Procedure. The record speaks that learned Civil Judge (Senior Division), 1st Court at Alipore, 24-Parganas (South) after hearing the submissions made on behalf of the plaintiffs/appellants as also considering the materials placed before him was pleased to refuse the prayer for ad interim order of injunction on the ground that the plaintiffs could not make out a prima facie case and also for the reason that agreement has not been properly stamped.
(3.) Being aggrieved by and dissatisfied with the impugned order the plaintiffs have come up before this Court with the present miscellaneous appeal praying for setting aside the order impugned and for obtaining an interim order of injunction as sought for in the Court below.;