JUDGMENT :

Biswanath Rath, J.

1. This Civil Miscellaneous Petition involves challenge to the order under Annexures-4 & 5. The order vide Annexure-4 involves dismissal of the interim application under Order 39 Rule 1 & 2 at the instance of the petitioner and the order vide Annexure-5 is dismissal of the appeal as against the order vide Annexure-4 by the appellate authority.

2. Short background involved in the case is that the petitioner as the plaintiff filed Civil Suit No.63 of 2015 impleading the present opposite parties and two others as defendants praying therein for a decree for specific performance of contract and further seeking a direction to the defendants to execute and register the sale deed in favour of the plaintiff in respect of suit land within the time fixed by the Court, further on failure of the same to execute and register the sale deed in favour of the plaintiff through the process of Court with an alternative prayer that in the event, the contract is not legally enforceable to direct the defendant Nos.1 & 2 to refund the entire consideration money alongwith 12% interest per annum till its realization and also for cost and other reliefs. The plaintiff in filing the