Disposed

Social Awareness for Rural and Acquired Natural Status of Humanity (Saransh) and 4 Ors. v. Bank of Baroda and 6 Others

DRAT11 Nov 2022REGULAR APPEAL/332/2016

Case brief

AI extract

What is this about?

The Appellate Tribunal allowed an interim application (I.A. 554/2022) seeking a stay on demolition activities. Considering the age of an appellant and threats made, the court directed all parties to maintain the status quo until the next hearing.

What did the court decide?

Stay application I.A. No. 554/2022 disposed; order directing parties to maintain status quo of property until next date.

Social Awareness for Rural and Acquired Natural Status of… — Property and Title | DRAT (2022)

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Regular Appeal No. 332/2016 Date: 11.11.2022

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Social Awareness for Rural and Acquired Natural Status of Humanity (SARANSH) and Ors. Vs. Bank of Baroda and Ors.

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Present: Shri Alok Rai, counsel for the appellants, Shri Avinash Jaiswal, counsel for the respondent-Bank, Ex-parte against the respondents no. 2 to 4,

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For the reason stated in the urgency application being I.A. No. 553/2022, the same is allowed and the case has been taken up today for hearing on the stay application.

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Heard the learned counsel for the appellant on the interim application being I.A. No. 554/2022.

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It is contended that the present appeal has been filed against the order dated 21.10.2022 passed by the DRT, Patna in O.A. No. 65/2014 and the auction purchaser-respondent no. 6 had appeared through counsel Shri B. P. Singh and received copy of memo of appeal on 19.11.2018, but thereafter, none has participated in the present proceedings before this Appellate Tribunal. It has also been stated in para 4 of the urgency application that vide order dated 03.03.2022 of this Appellate Tribunal, the respondents no. 2 to 5 were directed to be proceeded ex-parte and the waiver application was allowed by this Court vide order dated 04.12.2018.

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It is further contended in the urgency application that the respondent no. 6 came to the appellant’s property on 20.10.2022 along with bulldozer, labour and musclemen and started demolishing the boundary wall as well as house of the appellant, against which the appellant rushed to the Police station and filed complaint. Photographs of the demolition

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done by the respondent no. 6 along with copy of complaint have been filed as Annexure no. 1 to the urgency application.

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It is also contended that the appellant no. 3 is an old lady of 80 years, who is being continuously threatened by the respondent no. 6.

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The report of the Registrar dated 10.11.2022 shows that the matter is already fixed for 09.12.2022 and I.A. No. 100/2022 being substitution application for substituting the legal hears of the respondent no. 5 is pending consideration.

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Learned counsel for the respondent-Bank submits that he shall file reply shortly, as the same has been sent to the competent authority for vetting.

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Considering the facts and circumstances of the case and the fact that the appellant no. 3 is an old lady of 80 years and is staying in the property in question, all the parties are directed to maintain the status quo qua the property in question, as it exists today, till next date.

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Accordingly, the stay application being I.A. No. 554/2022 stands disposed off.

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List this case on 03.02.2023 for reply.

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Justice R. D. Khare Chairperson

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VN Giri

Social Awareness for Rural and Acquired Natural Status of Humanity (Saransh) and 4 Ors. v. Bank of Baroda and 6 Others

Case brief

What is this about?

What did the court decide?

Social Awareness for Rural and Acquired Natural Status of Humanity (Saransh) and 4 Ors. v. Bank of Baroda and 6 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Case details

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