Sri Milon Roy Chowdhury Vs Ashis Kumar Saha & Ors. (Calcutta High Court)
The appeal arose from an order passed by the Civil Judge (Senior Division), Howrah, directing the parties to maintain status quo in respect of a property measuring approximately 9 cottahs during the pendency of a suit for declaration, specific performance, and permanent injunction. The appellant, who was added as defendant no. 6, challenged this order.
The original suit was filed by the plaintiff along with another co-plaintiff seeking specific performance of agreements for sale relating to portions of the suit property. The plaintiffs alleged that agreements were executed with the original owners, but the vendors failed to execute the sale deeds and subsequently transferred the property to another party. The plaintiffs claimed readiness and willingness to perform their contractual obligations and sought enforcement of the agreements along with a declaration that subsequent transfers were illegal.
An application for temporary injunction was filed to restrain further transfer or alteration of the property. Initially, an ad-interim injunction was granted against one defendant. During the proceedings, the co-plaintiff withdrew from the suit, leaving the respondent as the sole plaintiff. Thereafter, the trial court granted an order directing status quo over the entire property.
