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2017 Supreme(Cal) 75

JYOTIRMAY BHATTACHARYA, ISHAN CHANDRA DAS
Sujan Maity – Appellant
Versus
Raj Kumar Koley – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Keshab Chandra Das.

Jyotirmay Bhattacharya, J. :

1. This first miscellaneous appeal is directed against an order being 50 dated 7th April, 2016 passed by the Learned Civil Judge, 2nd Court at Hooghly in Title Suit No. 369 of 2013.

2. By the impugned order, the plaintiff and the defendant no.3 were directed to maintain status quo as regards the nature, character, possession and construction over the suit property as on the date of passing of the impugned order till the disposal of the suit. The defendant no.3 was further restrained by an order of temporary injunction from transferring the suit property to any third person.

3. The legality and/or propriety of the said order is under challenge in this appeal at the instance of the defendant no.3.

4. Let us now consider as to whether there is any merit in this appeal for which the appeal is required to be admitted for hearing under the provision of Order 41 Rule 11 of the Code of Civil Procedure.

5. The plaintiff filed a suit for specific performance of contract. An agreement was entered into between the plaintiff and the defendant no.1 for sale of the suit property for a consideration of Rs. 2,00,000/-, on 19th July, 2007. Admittedly, the defendant no.1 was t




















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