regularization of construction on the suit property, transaction of sale cannot fructify in favour of Appellant-Plaintiff. In my view this was the adequate reason for the Trial Court and the lower Appellate Court to decline the relief of specific performance in favour of the Appellant-Plaintiff. True it is that the lower Appellate Court taken into consideration the aspect of creation of third party rights by the Defendant in the suit property. However even if the said aspect of creation of third party rights is to be ignored, in my view the specific condition of getting structure regularized is not yet fulfilled and therefore the transaction of sale cannot fructify in favour of the Appellant-Plaintiff. Considering the overall circumstances of the case, the Trial Court has directed Defendant to refund earnest money of Rs.4,55,000/- to the Plaintiff alongwith interest at the rate of 9% per annum from June 2009 till realization of the entire amount. In my view this provides adequate solace to the Appellant-Plaintiff. There is no substantial question of law involved in the present Appeal. The Appeal, being devoid of merits, is dismissed without any order as to costs. Since the Appeal is disposed of, nothing survives in the Interim Application and it is also disposed of.
