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2016 Supreme(Cal) 981

JYOTIRMAY BHATTACHARYA, ISHAN CHANDRA DAS
Rajesh Baid – Appellant
Versus
Mohammad Ibrahim – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Sabyasachi Bhattacharya, Mr. Nikhilesh Mittal, Mr. Prashant Agarwal
For the Respondent: Mr. Swarup Banerjee, Mr. Srinibash Misra

JUDGMENT :

Jyotirmay Bhattacharya, J.

This first miscellaneous appeal is directed against an order being No.2 dated 26th April, 2016 passed by the learned Judge in-Charge, 12th Bench, City Civil Court at Calcutta in Title Suit No. 491 of 2016 at the instance of the defendants/appellants.

2. By the impugned order, the learned Trial Judge was pleased to pass an ad interim order of injunction restraining the defendants from selling, transferring, mortgaging, encumbering, dealing with and/or parting with possession of the suit premises to any person, save and except in compliance of the terms of the agreement for sale dated 5th February, 2016 executed by and between the parties till 25th May, 2016. The said ad interim order of injunction was further extended by the learned Trial Judge and the said order is still in force. Such an ad interim order of injunction was passed by the learned Trial Judge in a suit for declaration and injunction filed by the plaintiff/respondent.

3. The plaintiff claims that he entered into an agreement for sale with the defendants for purchasing the suit property for a consideration of Rs. 8,00,00,000/- (Rupees eight crore only). He further claims that he has pai


























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