( 1 ) THIS first miscellaneous appeal is at the instance of the plaintiffs in a suit for specific performance of contract and injunction and is directed against Order No. 2 dated 20th September, 2005 passed by the Civil Judge (Senior Division), 4th Court, Alipore in Title Suit No. 69 of 2005 thereby refusing to grant an ad interim order of injunction in favour of the plaintiffs although the learned Trial Judge issued a notice to show-cause why the prayer of the plaintiffs for temporary injunction should not be granted.

( 2 ) THE appellants herein filed the aforesaid suit being Title Suit No. 69 of 2005 in the 4th Court of learned Civil Judge (Senior Division), Alipore, thereby praying for the following relief:"a) Specific performance of the agreement made between the plaintiffs and the defendants as mentioned in paragraph 5 above; b) Alternatively, specific performance of the agreement between the plaintiffs and the defendants recorded in Annexure 'a' hereto; c) A decree directing the defendants and each of them to specifically perform and/or comply their part of the agreement mentioned in paragraph 5 hereinabove; d) Alternatively, a decree directing the