JOYTIRMAY BHATTACHARYA,J. - (1.) This first miscellaneous appeal is directed against an order dated 29th September, 2016 passed by the learned Civil Judge (Senior Division), 5th Court at Alipore, South 24-Parganas in Title Suit No. 215 of 2016 at the instance of the plaintiffs/appellants.
(2.) By the impugned order, the plaintiffs' prayer for ad interim injunction was refused by the learned Trial Judge. Such relief by way of ad interim injunction was prayed for by the plaintiffs in a suit for specific performance of contract.
(3.) Since by an advocate's letter dated 13th July, 2016, the agreement was terminated by the defendant/respondent No. 1 and the defendant/respondent No. 1 claimed that it is free to sell the flats in question to the actual buyers without any further reference to the plaintiffs, such relief by way of temporary injunction for restraining the defendants from transferring the flats in question during the pendency of the suit was claimed. Relief by way of ad interim injunction was also claimed by the plaintiffs so that the defendants cannot transfer and/or sell and/or create any third party interest in respect of the suit flats till the plaintiffs' application for temporary injunction is finally decided.;