RAJESH BAID & ANR. Vs. MOHAMMAD IBRAHIM

JUDGEMENT

(1.) This first miscellaneous appeal is directed against an order being No.2 dated 26th April, 2016 passed by the learned Judge in-Charge, 12th Bench, City Civil Court at Calcutta in Title Suit No. 491 of 2016 at the instance of the defendants/appellants.

(2.) By the impugned order, the learned Trial Judge was pleased to pass an ad interim order of injunction restraining the defendants from selling, transferring, mortgaging, encumbering, dealing with and/or parting with possession of the suit premises to any person, save and except in compliance of the terms of the agreement for sale dated 5th February, 2016 executed by and between the parties till 25th May, 2016. The said ad interim order of injunction was further extended by the learned Trial Judge and the said order is still in force. Such an ad interim order of injunction was passed by the learned Trial Judge in a suit for declaration and injunction filed by the plaintiff/respondent.

(3.) The plaintiff claims that he entered into an agreement for sale with the defendants for purchasing the suit property for a consideration of Rs. 8,00,00,000.00 (Rupees eight crore only). He further claims that he has paid a sum of Rs. 51,00,000.00 (Rupees fifty one lakh only) by cash to the defendants towards earnest money. Such agreement for sale was entered into between the parties on 5th Feb., 2016. Time for completion of the said agreement was fixed in the said contract. It is provided therein that the said transaction should be completed within six months from the date of entering into such agreement. There is also a provision for extension by one month for completion of the said transaction.