Petitioner, claiming to be husband of auction purchaser, sought delivery of property possession. Respondent Bank submitted readiness to hand over within three months after formalities; petition disposed accordingly.
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Court No. - 47
Case :- WRIT - C No. - 11749 of 2020
Petitioner :- Sarwan Kumar Jaiswal Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Santosh Kumar Kesarwani Counsel for Respondent :- A.S.G.I.,C.S.C.,S.K.Pandey,Sanjeev Kumar Pandey,Satish Chaturvedi,Tarun Varma
Hon'ble Naheed Ara Moonis,J. Hon'ble Vivek Varma,J.
Heard Sri Santosh Kumar Kesarwani, learned counsel for the petitioner and Sri J.S.Pandey holding brief of Sri Tarun Varma, learned counsel for the respondent Bank.
The petitioner claims himself to be husband of the auction purchaser of the property in question. He has filed the instant petition seeking following relief:
"a) issue a writ, direction or order in the nature of mandamus, commanding the respondent no.2 to deliver the physical possession of the 'Plot No. 2-A, Part of Arazi No. 209, Sanigwa, Kanpur Nagar', within time stipulated by this Hon'ble Court.
b) in addition to, or in substitution of the above, issue any other writ, direction or order in favour of petitioner, which this Hon'ble Court deem appropriate, under the circumstances of the case."
At the very outset, learned counsel appearing on behalf of the respondent-Bank on the basis of instructions submits that the Bank is ready to handover the possession of the property in question to the petitioner/legal heir within a period of three months, after completing all the formalities.
In view of the statement so made by the counsel for the respondent-Bank, which is accepted and recorded, the writ petition is disposed of in the same terms.
Order Date :- 28.9.2020
Lbm/-
1 issue framed by the court
Whether the respondent Bank should be commanded to deliver possession of the auction-purchased property to the petitioner who claims to be the legal heir.
Sarwan Kumar Jaiswal
Union Of India
Bank
Naheed Ara Moonis
Vivek Varma
As recorded by the court registry
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