judgment

S.B. Sinha, J. —

1. Leave granted.

2. The parties hereto are co-sharers. A suit was filed for partition. Admittedly they had entered into a development agreement. The properties which were in possession of the owners were described in Schedule A of the plaint; whereas the properties which were subject matter of the development agreement were described in Scheduled B thereof in the plaint filed by the appellant in the Court of 8th Civil Judge (Sr. Division), Alipore registered Title Suit No. 9 of 2004.

In terms of the development agreement, three flats and parking spaces for three cars had been allotted to the parties. An application for grant of injunction in respect of Schedule A property restraining the respondents from handing over the owners the allotted flats and from selling out any flats in the premises in question, was filed in the suit on or about 14.03.2004 wherein it was inter alia averred :

“That at present the plaintiffs and the defendant no. 1 to 6 are occupying 3 flats and 3 garages at premises no. 46A, Purna Chandra Mitra Lake, Kolkata 700033, which are also undivided property.”

It was furthermore averred :

“–That at present the plaintiffs have 93/240, undivided