- (1.) This first miscellaneous appeal is directed against an order being No. 23 dated 31st May, 2016 passed by the Learned Civil Judge (Senior Division), 1st Court at Barasat in Title Suit No. 178 of 2014 at the instance of the plaintiff/appellant. By the impugned order, the plaintiff's application for temporary injunction was dismissed on contest without cost.
(2.) The legality and/or correctness of the said order passed by the learned Trial Judge is under challenge in this appeal. An interim order of injunction was prayed for by the plaintiff/appellant in a suit for specific performance of contract which was rejected by the learned Trial Court. The instant appeal was admitted for hearing under the provision of Order 41 Rule 11 of the Code of Civil Procedure on 18th July, 2016. After the appeal was admitted for hearing, on an application for interim injunction filed by the appellant in connection with the said appeal, an interim order was passed by this Court directing the defendants/respondents to maintain status quo as regards alienation and/or sale and/or transfer and/or creating any third party interest in respect of the suit property as on that day till 31st August, 2016 or until further order whichever is earlier. When we were considering the appellant's prayer for extension of interim order today, Mr. Basu, learned senior advocate appearing for the defendants/respondents submited in his usual fairness that his clients have no objection if the interim order which was so passed by this Court is extended till the disposal of the suit, provided the hearing of the suit is expedited. We are informed by Mr. Basu that the written instruction has already been filed by his clients in the suit and issues have already been framed. Considering such submission of Mr. Basu and also considering the stage of the suit, we dispose of this appeal by making a request to the learned Trial Judge to make all endeavour to dispose of the suit itself positively by the end of 2017 without granting any unnecessary adjournment to any of the parties.
(3.) The interim order of injunction which was passed by this Court on 18th July, 2016, will continue till the disposal of the suit. For the sake of convenience of understanding about the interim order which was passed by this Court on 18th July, 2016, we set out the interim order which was passed by this Court on that date hereunder:- "Status quo as regards alienation and/or sale and/or transfer and/or creating any third party interest in respect of the suit property as on today will be maintained by the defendants/respondents till 31st August, 2016 or until further order whichever is earlier.";