The High Court of Judicature at Allahabad disposed of Criminal Revision No. - 39 of 2017. While noting the opponent's argument regarding Section 145 CrPC, the court ultimately dismissed the revision for want of prosecution and on merits, vacating any interim order.
Revision dismissed for want of prosecution and on merit; interim order vacated.
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Court No. - 53
Case :- CRIMINAL REVISION No. - 39 of 2017
Revisionist :- Mahesh Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Piyush Kishore Srivastava,Krishnaji Khare
Counsel for Opposite Party :- G.A.,Dhirendra Singh,Sanjeev Kumar Tyagi
Hon'ble Umesh Chandra Sharma,J.
None appears for the revisionist even in the revised call. Learned AGA for the State and Sri, learned counsel for opposite party no.2 are present.
Learned AGA is of the view that there is no ban on the transfer of the undivided share in a dwelling house by the share-holder. Only restriction is that if such sale is made to any stranger to the family, he would be entitled to get the entry on the basis of sale deed after getting a decree of partition. However, learned counsel for opposite party no.2 has argued that since the matter was already pending in the court, therefore, there was no occasion to proceed under Section 145 CrPC. So far as this aspect is concerned, the argument of learned counsel for opposite party no.2 appears to be correct.
Hence, this revision is dismissed for want of prosecution and on merit as well.
Interim order, if any, stands vacated.
Order Date :- 4.4.2023 Shahroz
Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad
1 provisions across 1 enactments
Mahesh Kumar Singh
State of U.P.
Another
Umesh Chandra Sharma
As recorded by the court registry
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