JYOTIRMAY BHATTACHARYA, J. - (1.) This first appeal is directed against the judgement and decree dated 30th July, 2012 passed by the learned Civil Judge (Senior Division), 5th Court at Alipore in Title Suit No. 185 of 1999 at the instance of the plaintiff/appellant. By the impugned judgement and decree, the plaintiff 's suit for specific performance of contract was dismissed on contest on the ground of non-compliance of the Court 's order regarding deposit of deficit stamp duty and penalty on the impounded agreement for sale which was sought to be enforced by the plaintiff by filing the suit for specific performance of contract against the principal defendant/respondent no.1.
(2.) After filing this appeal, several interlocutory applications were filed by the plaintiff/appellant in this appeal. An application seeking interim injunction by restraining the principal defendant/respondent no.1 from transferring and/or alienating the suit property and/or creating any third party interest therein was filed by the plaintiff/appellant in this appeal. On the said application, initially an order was passed on 25th September, 2012 by restraining the principal defendant/respondent no.1 from transferring, alienating, encumbering or from changing the nature and character of the suit property during the pendency of this injunction application.
(3.) Subsequently on 8th October, 2012, another interim order was passed by restraining the principal defendant/respondent no.1 from transferring, alienating or encumbering the suit property and/or creating any third party interest in relation to the suit property for a period of six weeks after reopening of this Court after annual vacation for the year 2012 with liberty to the appellant to apply and obtain extension of the interim order, but upon notice to the other side.;