- (1.) This First Appeal is directed against an order passed by the learned Trial Judge rejecting the plaintiff's suit for specific performance of contract by holding that a suit for specific performance of contract cannot be enforced at the instance of the developer in view of the provision contained in Section 14(3)(c) of the Specific Relief Act. Hence, the plaintiff/appellant has filed the instant appeal challenging the legality and/or propriety of the said judgement and/or order passed by the learned Trial Judge. In connection with this appeal, the present application has been taken out by the plaintiff/appellant seeking injunction for restraining the respondents from disturbing his possession in the suit property.
(2.) An interim order was passed by this Court in the said application on 2nd September, 2016 whereby status-quo as regards possession of the parties as well as with the enjoyment of electricity connection by the appellant was directed to be maintained till 15th September, 2016 or until further order whichever is earlier. When the said application was taken up for hearing today, we are requested by the learned counsel appearing for the parties to dispose of the appeal itself on merit by dispensing with the requirement of filing paper books in this appeal. The respondent nos. 2 & 3 are represented by Mr. Ganguly, learned advocate. Other respondents are not represented before us. However, since the plaint of the plaintiff/appellant was rejected at the instance of the respondent nos. 2 & 3 and further since those respondents are represented before us by Mr. Ganguly, we dispense with the requirement of service of notice of appeal upon the other respondents on the joint prayer made by the learned counsel appearing for the parties. We, thus, treat this appeal ready for hearing.
(3.) Since the fate of this appeal is depending only on a question of law, we have decided to hear this appeal on the basis of the materials placed before us and by dispensing with the requirement of filing of paper books in this appeal. We also do not find any necessity of the lower court's record for disposal of the appeal. Let us now consider the merit of the appeal in the facts of the instant case.;