Manas Sett vs Asirbadh Construction Company Pvt. Ltd And Others

Gautam Kumar Choudhary, J

Defect Nos.1 and 3 are ignored.

Instant petition has been filed by the petitioner, who is plaintiff in Title Suit No.430 of 2014 for the following reliefs:-

a. A decree may be passed in terms of agreement dated 23.04.2009 in favour of the plaintiff and the defendant be directed to hand over the plaintiff’s allocation and hand over the possession of the same to the plaintiff’s before the defendant deals with his allocation of share under the agreement dated 23.04.2009.

b. That a decree may be passed restraining the defendants to construct any further over the scheduled land till performance of their part of contract and during the pendency of this suit a temporary injunction may be issued against the defendants refraining for construction furthermore.

c. That the plaintiff also prays for a decree of damages in his favour and against the defendants of Rs.Six Lakhs on account of harassment, loss of energy, time, money and mental agony.

d. Any other relief to which to the plaintiff is entitled be given cancelling of power of attorney to this plaint.

The sum and substance of the petitioner/plaintiff’s case is that he is land owner and had given the land under a development agreement to Ranjit Kumar Basu, Director of Asirbadh Construction Company Pvt. Ltd. (O.P. No.1) in 2009, but in complete breach of the agreement, the flat constructed by the developers, had been sold to different parties whereas share of the plaintiff has not been given. It was against this background that the suit had been filed.

It is submitted that the opposite parties are deliberately avoiding the appearance before the learned Court below in order to delay the disposal of the Title Suit.

Under the aforesaid facts and circumstance, the learned Court below is directed to proceed as per law and dispose of the suit within six months from the date of receipt of this order.

This civil miscellaneous petition is disposed of.