27 10.9.2025 Ct. No. 16 SB FMAT 271 of 2025 CAN 1 of 2025 Sri Suman Podder Vs. Sri Goutam Kumar Ghosh Mr. Abhimanyu Banerjee …. For the appellant 1. In a suit for specific performance, the learned Trial Court has refused to pass an ad interim order although, it would reveal from the plaint and the agreement for sale that the plaintiff has paid a sum of Rs.5.50 lakhs on 28.8.2024. The plaintiff has been able to establish a prima facie case as also the balance of convenience lies in passing an order in favour of the plaintiff otherwise, there is every possibility that the property may be transferred and / or alienated and in such situation, the plaintiff would suffer irreparable loss. 2. On such consideration, we grant an ad interim order of injunction restraining the defendant from alienating and / or transferring and / or encumbering the suit property in any manner whatsoever till 30.11.2025 or till this matter is taken up for hearing by the learned Trial Judge in the meantime. 3. It appears that the learned Trial Court has fixed the matter on 24.11.2025, we direct the service of plaint, petition, Memorandum of Appeal and Stay petition along with copy of this order upon the respondent through by speed post with acknowledgement due within one week from date. 2 4. It would be open for the respondent to file written objection before the learned Trial Court on or before 10.11.2025. Reply thereto, if any, be filed before the date fixed i.e. 24.11.2025. 5. We request the learned Trial Court to consider the prayer for interim relief afresh on merit without being influenced by the observation of this Court. 6. The appeal and the application are accordingly, disposed of. (Soumen Sen, J.) (Apurba Sinha Ray, J)