JPD. 20.

August 1, 2025. CALCUTTA HIGH COURT . In The Circuit Bench at Jalpaiguri MNS Appellate Side FMAT No. 18 of 2025 +

CAN 1 of 2025 Sri Ashok Kumar Ray @ Ashok Roy Vs.

Sri Amit Agarwal and others Mr. Bapi Sarkar, Mr. Roumyadip Saha … for the appellant.

1. Learned counsel for the appellant argues that the learned trial Judge erred in law in refusing ad interim injunction.

2. In the suit, the plaintiff/appellant has sought for a declaration of his title and cancellation of an agreement for sale and a deed of sale on the premise that those were obtained by misrepresentation and has also prayed for recovery of possession.

3. The case of the appellant is that the appellant was made to understand that he was entering into a development agreement with respondents/developers. 4. However, after the agreement was ultimately entered into, the plaintiff/appellant discovered that the papers signed by him had been converted to an agreement for sale as well as a deed of sale.

5. Learned counsel submits that at this stage, the learned trial Judge ought to have considered the plaint case as the premise of the ad interim prayer and not gone into the merits of the case.

6. We find from the impugned orde