Abhay Dutta Mishra And 3 Ors. v. Punjab National Bank And 2 Ors.
Case brief
What is this about?
In an urgency application, the Single Judge allowed the request to prepone the hearing of an appeal regarding possession delivery from February to January 2023, citing a fresh order by the District Magistrate.
What did the court decide?
Urgency application (I.A. No. 26/2023) allowed; main appeal hearing preponed from 17.02.2023 to 30.01.2023.
What the court decided
Appeal Dy. No. 1058/2022 Date: 13.01.2023
Abhay Dutta Mishra Vs. Punjab National Bank
Present: Shri Jahagir Hyder, counsel for the applicant, Shri S. K. Pandey, counsel for the respondent-Bank,
Heard the learned counsel for the applicant on the urgency application being I.A. No. 26/2023.
It is contended that when the matter was heard on 21.12.2022, it was argued on behalf of the respondent-Bank that the issue relating to the possession is still pending before the District Magistrate, Ayodhya and no order has been passed, therefore, the possession has not been handed over to the auction purchaser, as such, no interim order is required at this stage.
In the urgency application, it has been stated that the District Magistrate concerned has passed the order dated 30.12.2022 regarding delivery of possession to the Bank, therefore, the appellant prays for preponing the matter, which is fixed for 17.02.2023.
The ground taken in the urgency application appears to be valid, therefore, the urgency application is allowed and the matter is preponed from 17.02.2023 to 30.01.2023.
Justice R. D. Khare Chairperson
Anupam
Issues for consideration
2 issues framed by the court
Whether the urgency application for preponing the hearing date should be allowed.
Whether the matter should be reheard earlier due to a change in the possession status.
Parties & counsel
- applicant
Abhay Dutta Mishra
- respondent
Punjab National Bank
Coram
R. D. Khare
Case details
As recorded by the court registry
All orders in this case
7 orders share this CNR
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