Calcutta High Court
Civil Procedure and EvidenceProperty and Real Estate Law

The Court Set Aside the Injunction Order in Terms of the Parties’ Settlement.

ASHWINI KUMAR BHOJNAGAEWALA & ORS vs RELIABLE ESTATE & ORS

Calcutta High CourtJUDGMENT: October 07, 20262 MIN READSOURCE JUDGMENT
The Court Set Aside the Injunction Order in Terms of the Parties’ Settlement.. ASHWINI  KUMAR  BHOJNAGAEWALA  & ORS vs RELIABLE ESTATE & ORS. Calcutta High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioners acquired the property at 43A, Hazra Road, Kolkata, by a deed of conveyance dated 17 November 2006.

Source reference: para. 4

Reliable 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. 4

The 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, 7–9

In 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. 10

The plaintiff did not oppose disposal on those terms.

Source reference: para. 12
02

Issues

Whether the revisional application should be disposed of in terms of the parties’ memorandum of agreement dated 6 October 2026.

Source reference: paras. 10, 12–13

Whether the judgment and order affirming the temporary injunction should be set aside in light of that settlement.

Source reference: para. 13
03

Law 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. 6–7

It 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 citation
04

Reasoning

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, 12–13

The plaintiff did not oppose that request, and the Court accepted the agreed basis for disposal.

Source reference: paras. 10, 12–13

In those circumstances, it disposed of the revision in terms of the agreement and set aside the impugned judgment and order.

Source reference: para. 13
05

Holding

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.
Calcutta High Court

Original Court PDF

ASHWINI KUMAR BHOJNAGAEWALA & ORSvsRELIABLE ESTATE & ORS

Calcutta High Court · October 07, 2026

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