BIMAL KUMAR KHETAWAT Vs. DHAN DAULAT HOLDING LIMITED

JUDGEMENT

(1.) This first miscellaneous appeal is at the instance of the defendant No. 1 in a suit for declaration, specific performance of contract and recovery of damages and is directed against the Order No. 9 dated September 23, 2005 passed by the Civil Judge, Senior Division, 4th Court at Alipore at Title Suit No. 56 of 2005 thereby disposing of an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure filed by directing the parties to maintain status quo in respect of any transfer, sale, alienation, encumbrance, letting out and/or creating any third party's interest in the developer's allocation of the construction over the suit property in terms of the registered agreement dated 5th October, 1989 between the defendant Nos. 1 and 2 till the disposal of the suit.

(2.) The respondent No.1 herein filed a suit being Title Suit No.56 of 2005 in the 4th Court at Civil Judge, Senior Division, Alipore against the appellant and respondent No.2 thereby claiming the following relief:

(3.) The case made out by the respondent No. 1 may be summed up thus: