Mosomat Manjula Devi v. Dr. Srimati Maharani Kumari @ Maharani Jaiswal And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.218 of 2018 ====================================================== Mosomat Manjula Devi wife of Late Sudhir Chandra Jaiswal resident of Mohalla - Manharan Lal (Bhagwan - Das), P.S. - Darbhanga Town, P.O. - Lalbagh, District - Darbhanga.

... ... Appellant/s

Versus

1.

Dr. (Srimati) Maharani Kumari @ Maharani Jaiswal, wife of Suman Jaiswal @ Shekhar Jaiswal (D - 1/R-1) 2.

Suman Jaiswal @ Shekhar Jaiswal son of late Sudhir Chandra Jaiswal (D2/R-2) Both residents of Mohalla - Manharan Lal (Bhagwan Das), P.S. - Darbhanga Town, P.O. - Lalbagh, District - Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.B.K. Sharma, Advocate Mr. Adarsh Chaudhary, Advocate For the Respondent/s :

Mr. Sunil Kumar Karn, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 27-03-2019 Heard learned counsel for the parties.

2. The plaintiff is aggrieved by refusal of prayer for ad-interim injunction by learned Trial Court, (Sub Judge-II, Darbhanga) in Title Suit No. 459 of 2014 by the order dated 16.02.2018.

3. The sole plaintiff Manjula Devi is widow, mother of defendant No. 2 Suman Jaisawal @ Shekhar Jaisawal. Admittedly she had acquired the suit land and house in the town of Darbhanga through registered sale deed dated 12.11.1969 and thereafter, she was exercising full ownership on the property under her exclusive title and possession.

Patna High Court MA No.218 of 2018 dt.27-03-2019 2/2

4. Case of the plaintiff is that the defendant No. 2 (her son) got a registered power of attorney executed by the plaintiff on 05.12.2011 fraudulently and in pursuance of that power of attorney defendant No. 2 (son of plaintiff) executed a registered sale deed in respect of the said property on 01.09.2014 in favour of his wife Maharani Kumari @ Maharani Jaiswal, defendant No. 1.

5. After some argument, learned counsel for the parties submits that the defendants/respondents have agreed that they shall not sell out the said property to any third party nor shall dispossess the plaintiff from the suit property or create any obstruction in enjoyment of that property by plaintiff.

6. Hence, this appeal stands disposed of in pursuance of the aforesaid undertaking and it is directed that the defendants/respondents shall follow their undertaking till disposal of the suit.

Accordingly, this appeal stands disposed of.

(Birendra Kumar, J) khushbu/BantiAFR/NAFR NAFR CAV DATE NA Uploading Date 28.03.2019 Transmission Date