POONAM SINHA Vs. ASU CONSTRUCTION AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(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 land owner 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.