Disposed

Smt. Mamta Gaur and 2 Others v. Civil Judge/Small Cause Court, Room No. 18, Distt. Lucknow and 3 Others

Allahabad HC20 Feb 2024/743/2024

Case brief

AI extract

What is this about?

Petitioners sought expedited disposal of a 2022 injunction and declaration suit, citing securitization proceedings threatening attachment of the property. The Court noted issues framed but no affidavits filed by petitioners, declined to order expedition at this stage, and left them free to move an application before the trial court, which shall decide it per law.

What the court decided

AI extract

Smt. Mamta Gaur and 2 Others Vs Civil Judge/Small Cause… — Property and Title | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:15266

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Court No. - 8

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Case :- MATTERS UNDER ARTICLE 227 No. - 743 of 2024

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Petitioner :- Smt. Mamta Gaur And 2 Others Respondent :- Civil Judge/Small Cause Court, Room No. 18, Distt. Lucknow And 3 Others Counsel for Petitioner :- Rakesh Pratap Singh,Mahesh Prasad Pal

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Counsel for Respondent :- C.S.C.

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the petitioners as well as the learned Standing Counsel for the State-respondents.

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By means of the instant petition, the petitioner seeks expeditious disposal of the suit bearing R.S. No. 546 of 2022.

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The submission of learned counsel for the petitioners is that he had filed the suit seeking a decree of injunction as well as the declaration, however, the same has to be expedited as the property in question is sought to be attached by the respondents in the suit.

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Having heard the learned counsel for the petitioner and from the perusal of the material on record, it appears that certain securitization proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 pending against the petitioner wherein he has taken recourse by filing a petition under Section 17 of the Act of 2002, however, that may not detain the court for long, inasmuch as, the prayer in the instant petition is for expedition of the suit.

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Having noticed the aforesaid as well as finding that the issues were framed on 06.01.2023 and thereafter no substantial proceedings have been done nor there is any material on record to indicate that the petitioner has filed its affidavits, hence, this Court is not inclined to pass any order for expedition in the suit relating to the year 2022 at this stage, leaving it open for the petitioner to move an appropriate application before the court concerned and in case if such an application is moved, the court concerned shall consider and decide the same as per law.

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It is also made clear that in case if any cause for expedition arises in future relating to the suit of the year 2022, the instant

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order may not come in way of the petitioner.

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With the aforesaid, the petition is disposed of .

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Order Date :- 20.2.2024 Asheesh

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Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Smt. Mamta Gaur and 2 Others v. Civil Judge/Small Cause Court, Room No. 18, Distt. Lucknow and 3 Others

Case brief

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Smt. Mamta Gaur and 2 Others v. Civil Judge/Small Cause Court, Room No. 18, Distt. Lucknow and 3 Others

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