Court dismissed the writ petition on the ground that it was filed in the name of a deceased person (the guarantor), rendering it not maintainable.
The writ petition was dismissed as not maintainable.
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Court No. - 39
Case :- WRIT - C No. - 35688 of 2018
Petitioner :- Nirmala Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Raghvendra Kumar Mishra Counsel for Respondent :- C.S.C.,Abhishek Mishra
Hon'ble B. Amit Sthalekar,J. Hon'ble Surya Prakash Kesarwani,J.
Heard Sri Raghvendra Kumar Mishra, learned counsel for the petitioner, Sri Abhishek Mishra for respondents no. 2 & 3 and learned Standing Counsel for respondent no. 1.
This writ petition has been filed challenging the order dated 10.8.2018 whereby the respondent- Bank has directed the Borrower and Guarantor not to deal with the property in question against which a loan of Rs. 3,49,850/- has been taken from the respondent- Bank.
The writ petition has been filed in the name of Mrs. Nirmala Devi who is stated to have been the guarantor and who is since deceased and is now represented in the present writ petition through her son Govind Krishna Sharma.
In our opinion, the writ petition in the name of a dead person is not maintainable and is accordingly dismissed.
Order Date :- 27.10.2018 Vandana
1 issue framed by the court
Whether a writ petition filed on behalf of a deceased guarantor is maintainable.
Nirmala Devi
Govind Krishna Sharma
State of U.P.
Respondent Bank
1 Other
3 Other
B. Amit Sthalekar
Surya Prakash Kesarwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
