Form No. J(2)

In the High Court at Calcutta Civil Appellate Jurisdiction Appellate Side Present: The Hon’be Justice Sabyasachi Bhattacharyya And The Hon’ble Justice Supratim Bhattacharya F.M.A. 1867 of 2025 IA No: CAN 1 of 2025 Kashi Prasad Jhajharia HUF Vs.

Sarawogi & Sandeep Builders and Developers LLP and others For the appellant : Mr. Somnath Roy Chowdhury Ms. Arpita Chowdhury For the respondents/Caveators : Mr. Saptanshu Basu Mr. Mahendra Prasad Gupta Ms. Moumita Dhar Heard on : 23.12.2025 Judgment on : 23.12.2025 Sabyasachi Bhattacharyya, J.:-

1. The affidavit-of-service filed in court today be kept on record.

2. The present challenge has been preferred against an order whereby an application under Order XXXIX Rule 4 of the Code of Civil Procedure filed by the respondents has been allowed by the learned Trial Judge, thereby vacating an ad interim order of status quo obtained by the plaintiff/appellant in a declaratory suit.

3. The suit filed by the plaintiff/appellant is primarily for declaration of the plaintiff’s 1/6^th share in the suit property as well as for declaration challenging transfer deeds executed by the defendants/respondents inter se.

4. In such suit, on temporary an