Jyotirmay Bhattacharya, J. - (1.)This first miscellaneous appeal is directed against an order being No.2 dated 13th July, 2017 passed by the learned Civil Judge (Senior Division), 4th Court, Alipore in Title Suit No. 749 of 2017 at the instance of the plaintiff/appellant.
(2.)By the impugned order, the plaintiff's prayer for ad interim injunction was refused by the learned Trial Judge. Notice was directed to be issued upon the respondent. Such interim relief was claimed by the plaintiff in a suit for specific performance of contract. It is alleged by the plaintiff that the plaintiff entered into an agreement with Ritwick Mukherjee for purchasing his undivided 1/15th share in the suit property at a consideration of Rs.28,00,000/- and a sum of Rs.1,00,000/- was paid by the plaintiff as earnest money. Such interim relief was refused by the learned Trial Judge as the plaintiff is seeking enforcement of an unregistered agreement whereby a co-sharer agreed to transfer his share in the joint property comprising of several co-sharers. The legality of the said impugned order is under challenge in this first miscellaneous appeal.
(3.)We are of the view that there is merit in the appeal. Hence, we admit this appeal for hearing under the provision of Order XLI Rule 11 of the Code of Civil Procedure.