IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

Present:

The Hon’ble Justice Debangsu Basak

And

The Hon’ble Justice Chaitali Chatterjee(Das)

FMAT 27 of 2025

With

IA No. CAN 1 of 2025

+

CAN 2 of 2025

S. C. Ghosh Realtors(P) Ltd.

Vs.

Sri Saibal Ghosh.

For the Appellant : Mr. Navin Barik

Ms. Esha Acharya,

Mr. Rimik Chakraborty,

For the opposite party : Mr. Subham Ghosh,

Mr. Mayank Roy,

Heard & Judgment on : January 07, 2026

DEBANGSU BASAK, J.:-

1. Appeal is at the behest of the plaintiff of the suit seeking specific

performance of a contract.

2. The appeal is directed against an order no. 9 dated November 13, 2025 by which, learned Trial Judge was pleased to dismiss the injunction application of the plaintiff on contest.

3. Learned counsel appearing for the appellant submits that, parties entered into an agreement for sale dated May 23, 2017. He submits that, the agreement for sale contains reciprocal obligations to be performed by both the parties to the agreement. He contends that, the defendant of the suit, did not perform his part of the obligations under the agreement for sale.

4. Learned counsel appearing for the appellant refers to Section 51 of t