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2025 DAILYLAW 2725 (JHR)

ASAD HUSSAIN ALIAS SEIKH ASAD HOSAIN @ SHEIKH ASAD HOSSAIN v. DR. RAJSHRI BHUSHAN

C.M.P./778/2025 · 2025-09-04

Gautam Kumar Choudhary

body2025

Judgment text

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2025:JHHC:26946 IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 778 of 2025 ------ Asad Hussain @ Seikh Asad Hossain @ Sheikh Asad Hossain, son of Lt. Refaquat Husain, resident of Chakpanchuria, Land Mark DLF 2, Newtown, P.O. & P.S. Newtown, North 24 Parganas, West Bengal .... .... …. Petitioner Versus 1. Dr. Rajarshi Bhushan, son of Shashi Bhushan Pd. Singh, Director, Manorama Estate Private Limited, Hirak Squarre, Block B, GKF, Memco More, P.O. Nag Nagar, P.S. Barwadda, District Dhanbad 2. Swati Kumari, daughter of S.S. Singh, Director, Manorama Estate Private Limited, having office at Manorama Vatika, beside Birsa Munda Park, P.O. & P.S. B- Polytechnic, District Dhanbad 3. Harshit Jindal, son of Surendra Kumar Jindal, Director, Surma Projects Limited, resident of B Block, City Centry, P.O. and P.S. Dhanbad, District Dhanbad .... .... .... Opposite Parties CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Petitioner : Mr. P.K. Bhattacharya, Advocate Mr. Aditya Kumar Jha, Advocate For the Opp. Parties : Order No.04 / Dated : 04.09.2025 It is submitted by learned counsel, Ms. Priyasha Pridarshani, assisting counsel of Mr. Ashutosh Anand that his name is wrongly reflecting in the cause list as Vakalatnama has not been filed on his behalf. Office to verify and delete the name of Mr. Ashutosh Anand. 2. Petitioner is the plaintiff and has filed the suit for declaration of right, title, interest and permanent injunction against the opposite parties with whom they entered into a development agreement for construction of multi storied building, total area 229 decimals. The said power of attorney was revoked on 04.03.2022 as the sale deeds were executed by opposite parties/defendants with respect to the suit property. 3. It was against this background that temporary injunction petition was filed on 02.08.2024 which has not been disposed of till date. 4. It is argued by the learned counsel on behalf of petitioner that since third party right has been created, therefore, said temporary injunction 2025:JHHC:26946 petition was filed, which is pending for more than a year. 5. Under the aforesaid facts and circumstance, learned trial Court is directed to dispose of the temporary injunction petition within a month from the receipt of the order. Civil Miscellaneous Petition stands disposed of Pending Interlocutory Application, if any, is disposed of. (Gautam Kumar Choudhary, J.) Anit