MIDNIGHT MERCHANTS PRIVATE LIMITED Vs. JULIEN EDUCATIONAL TRUST

JUDGEMENT

(1.) THIS is an appeal assailing the order No. 46 dated 16. 01. 2008 passed by the learned Civil judge (Senior Division), Fourth Court, Alipore in T. S. No. 10 of 2007, whereby the learned court below allowed the application for temporary injunction in a suit for specific performance of contract, upon hearing both sides, and restrained the added defendants No. 9 to 11, that is, the subsequent purchasers, from selling, encumbering and/or changing the nature and character of the suit property in any manner whatsoever till the disposal of the suit.

(2.) BOTH the application for stay bearing CAN No. 1002 of 2008 and the appeal have been heard together by consent of the parties.

(3.) THE plaintiff, Julien Educational Trust, the respondent no. 1, instituted a suit before the learned court below, inter alia, for specific performance of agreement for sale valued at rs. 4,15,00,000/- (Rupees four crore fifteen lakh) only against the owners, that is, the defendant Nos. 1 to 8/the respondent nos. 2 to 9 herein. In the said suit, an application under Order 39, Rules 1 and 2 read with Section 151 of the Code of Civil Procedure was filed by the plaintiff contending, inter alia, that the defendant nos. 1 to 8 have been the joint owners of the suit property situated at 3/1, Heysham Road, Police Station- Bhowanipore, Kolkata 700 020. One Hiranya Prova Ray, the predecessor-in-interest of the defendants nos. 1 to 8, was the original owner of the suit property.