The Court: In a suit for specific performance of two development agreements both dated 25th October, 2025 by which the plaintiff/petitioner agreed to develop two different immovable properties respectively situate and lying at premises No.42C, Serpentine Lane, P.O. Entally, P.S. Muchipara, Kolkata- 700 014 measuring about 4 cottahs 4 chittacks and 15 sq.ft. and at premises No.42D, Serpentine Lane, P.O. Entally, P.S. Muchipara, Kolkata- 700 014 measuring about 1 cottah 3 chittacks and 15 sq.ft. (hereinafter collectively referred to as the ‘said properties’), this application, inter alia, for injunction has been made.

The matter appears to have a chequered history. The suit was initially filed in 2023 in the commercial division of this Court and was number as CS/213/2023. In the said suit, on the allegation that the development agreements have been terminated on 1st September, 2020, the plaintiff had filed an interlocutory application being GA/1/2023. The ad interim order of injunction was refused on the ground that the plaintiff/petitioner was protected under the provisions of Sections 52 and 53A of the Transfer of Property Act, 1882 (hereinafter referred to as ‘said Act’) as the pla