1. This first miscellaneous appeal is directed against an order – viz. Order No.2 dated January 30, 2014 passed by the learned Civil Judge (Senior Division), 2nd Court at Hooghly in Title Suit No.155 of 2014 – at the instance of the plaintiffs.

2. By the impugned order the plaintiffs’ prayer for ad-interim injunction was refused. An interim order of injunction was prayed for restraining the defendants from encumbering the suit property in any manner or from transferring the same to any third party and from changing the nature and character of the suit property during pendency of the suit. The suit was a suit for specific performance of contract.

3. Having regard to the fact that the plaintiffs’ application for temporary injunction is yet to be decided by the learned trial Judge on merit, we are of the view that if any finding and/or observation on the merit of the plaintiffs’ application is made by this court at this stage, such finding or observation may ultimately prejudice the learned court below while disposing of their application for temporary injunction.

4. Accordingly, we feel that justice will be subserved if, instead of entering into the merit of thi