Poonam Sinha Versus The A.S.U Construction and Ors
Patna High Court (Single Judge)
Miscellaneous Appeal, 842 of 2018, Judgment Date: May 13, 2020
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.842 of 2018
In CIVIL MISCELLANEOUS JURISDICTION No.880 of 2018
Poonam Sinha @ Sohanti Devi ... ... Appellant/s
Versus
The ASU Construction and Ors … Respondent/s
HONOURABLE MR. JUSTICE S. KUMAR
CAV JUDGMENT
2. This miscellaneous appeal has been filed on behalf of plaintiff-appellant for setting aside the judgment and order dated 10.04.2018, passed by Sub-Judge-XI, Patna, passed in Title Suit No. 107 of 2015 by which the learned trial court has rejected the petition filed by plaintiff for grant of temporary injunction during pendency of suit as well as refused to extend the order dated 29.02.2016 of status quo granted earlier till the appearance of defendants.
3. Plaintiff has filed Title Suit in the court of sub-judge, Patna, stating therein that she is absolute owner of the land measuring 10 decimals as detailed in Schedule-1 of the plaint and had executed a development agreement dated 21.06.2004 (Annexure-3) with defendants for construction of multi storeyed building and as per development agreement plaintiff as a landowner was to get 42 per cent and 58 per cent was the share of developer. It is further stated that plaintiff also being one of the five partners of defendant Developer she is entitled for 1/5th of developer share.