Facts
The petitioners acquired the property at 43A, Hazra Road, Kolkata, by a deed of conveyance dated 17 November 2006.
Source reference: para. 4Reliable Estate, the plaintiff in Title Suit No. 1993 of 2010, claimed ownership of the share of late Pranab Prasad Roy, whose heirs had transferred the property to the petitioners.
Source reference: para. 4The trial court granted an injunction restraining the defendants from disposing of, transferring, or creating third-party interests in the property; the petitioners’ appeal against that order was dismissed.
Source reference: paras. 3, 7–9In the revision, the petitioners informed the Court that the parties had settled their disputes and pending litigation by a memorandum of agreement dated 6 October 2026.
Source reference: para. 10The plaintiff did not oppose disposal on those terms.
Source reference: para. 12Issues
Whether the revisional application should be disposed of in terms of the parties’ memorandum of agreement dated 6 October 2026.
Source reference: paras. 10, 12–13Whether the judgment and order affirming the temporary injunction should be set aside in light of that settlement.
Source reference: para. 13Law Applied
The Court identified the procedural history under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, concerning the temporary injunction, and an earlier application under Order I Rule 10 CPC.
Source reference: paras. 6–7It did not discuss or apply any specific statutory test, precedent, or substantive legal doctrine in resolving the revision; the matter was disposed of on the basis of the parties’ settlement.
Source reference: no citationReasoning
The petitioners sought disposal of the revision in accordance with the memorandum of agreement, which provided for settlement of the disputes and appropriate steps concerning pending litigation.
Source reference: paras. 10, 12–13The plaintiff did not oppose that request, and the Court accepted the agreed basis for disposal.
Source reference: paras. 10, 12–13In those circumstances, it disposed of the revision in terms of the agreement and set aside the impugned judgment and order.
Source reference: para. 13Holding
The Calcutta High Court disposed of CO 594 of 2017 in terms of the memorandum of agreement dated 6 October 2026 and set aside the impugned judgment and order.
Original Court PDF
ASHWINI KUMAR BHOJNAGAEWALA & ORSvsRELIABLE ESTATE & ORS
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