Appellants filed an urgency application alleging demolition of their house and creation of third-party interest in the property. The Tribunal noted the earlier restraint order, lack of appearance by the auction purchaser, and listed the matter accordingly. The urgency application was rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
I.A. No. 39/2022 In Appeal Dy. No. 312/2020 Date: 08.04.2022
Rajesh Kumar and Anr. Vs. Allahabad Bank and Ors.
Present: Shri K. K. Tiwari, counsel for the appellants, Shri A. K. Srivastava, counsel for the respondent-Bank,
An urgency application being I.A. No. 39/2022 has been filed on behalf of the appellants stating that after order of this Tribunal, the respondent is now going to create third party interest over the property in question and has demolished the house of the appellants.
Learned counsel for the respondent-Bank has referred to the earlier order of this Tribunal dated 30.12.2020, by which the auction purchaser has been restrained from creating third party interest in the property in question. As such the interest of the appellants is already protected, therefore, no further interim order is required to be passed.
It has further been intimated that the matter is already posted for 06.05.2022. The record further shows that the auction purchaser has neither been served nor is appearing. Let the fresh steps be taken by the appellant for service of notice upon the respondent-Auction Purchaser through paper publication having wide circulation in the area. Steps to be taken by the appellant within a week. Affidavit of service along with proof of paper publication be filed by the next date.
Accordingly, the urgency application is rejected.
List this case on the date already fixed.
Justice R. D. Khare Chairperson
Anupam
Rajesh Kumar and Anr.
Allahabad Bank and Ors.
R. D. Khare
As recorded by the court registry
20 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
