Disposed

Union Bank of India and 2 Ors. v. Abhishek Sah and 2 Ors.

Gauhati HC2 Sept 2019CRP(I/O)/185/2019

Case brief

AI extract

What is this about?

The High Court upheld a status quo order in a dispute between a bank-mortgagor and tenants. It directed the District Judge to finally adjudicate the tenancy case within six weeks from the parties' appearance to prevent prolongation of proceedings.

What did the court decide?

Status quo order upheld; Respondents directed to appear by 13.09.2019 for final disposal of Misc.(J) Case No.16/2019 within six weeks.

Union Bank of India and 2 Ors. Vs Abhishek Sah and 2 Ors. — Landlord and Tenant | Gauhati HC (2019)

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GAHC010131752019

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : CRP(I/O) 185/2019

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1:UNION BANK OF INDIA AND 2 ORS.

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A COMPANY INCORPORATED AND REGD UNDER THE COMPANIES ACT, 1956 AND A BANKING COMPANY UNDER THE MEANING OF SECTION 5C OF THE BANKING REGULATION ACT, 1949 HAVING ITS REGD OFFICE AT UNION BANK BHAVAN, 239, VIDHAN BHAVAN MARG, NARIMAN POINT, MUMBAI- 400021

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2: THE BRANCH MANAGER UNION BANK OF INDIA TINSUKIA BRANCH A.T. ROAD SIDING BAZAR P.O. AND DIST. TINSUKIA ASSAM

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3: THE AUTHORISED OFFICER UNION BANK OF INDIA TINSUKIA BRANCH A.T.ROAD SIDING BAZAR P.O. AND DIST. TINSUKIA ASSA

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VERSUS

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1:ABHISHEK SAH AND 2 ORS.

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S/O SRI PREM CHAND PRASAD SAH, PRESENTLY RESIDING AT BABU PATTY, TULSIRAM ROAD, TINSUKIA, P.O. P.S. AND DIST. TINSUKIA, ASSAM, PERMANENT RESIDENT OF CHABUA, A.T. ROAD, P.O.AND P.S. CHABUA, DIST.-DIBRUGARH, ASSAM

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2:RAMA SHANKAR JAISWAL S/O LT. BISHWANATH JAISWAL R/O BORDOLOI NAGAR

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(NEAR CIVIL HOSPITAL) TINSUKIA P.O. AND P.S CHABUA DIST.-DIBRUGARH ASSAM

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3:BRIJMOHAN JAISWAL S/O LT. BISHWANATH JAISWAL R/O BORBOLOI NAGAR (NEAR CIVIL HOSPITAL) TINSUKIA PO AND P.S. CHABUA DIST.-DIBRUGARH ASSA

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Advocate for the Petitioner : MR. M SHARMA

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Advocate for the Respondent : MR. A K GUPTA

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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Date : 02-09-2019

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Heard Mr. M Sharma, learned counsel for the petitioner. Also heard Mr. AK Gupta, learned counsel for the respondents.

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This revision petition is preferred against the order dated 30.03.2019 in Misc.(J) Case No.16/2019 in Misc. Appeal No.7/2019 raised by the present respondent claiming the right of tenancy over a property upon which the petitioner herein who is a bank claims right of mortgage.

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In the circumstances, the order dated 30.03.2019 was passed that till the passing of the final judgment, the parties thereto shall maintain status quo. If the issue in Misc.(J) Case No.16/2019 is for deciding as to whether the tenant has tenancy right over a mortgaged property, in a circumstance, where the tenant is still in possession of the tenanted property in our view the order of status quo was rightly passed till a final judgment is delivered by the learned District Judge over such prima face case that the tenant/plaintiff may make out. But, however, at the same time the tenant should not take an undue advantage of the order of status quo by prolonging the proceeding before the learned District Judge Tinsukia. Accordingly, we require the learned District Judge Tinsukia to finally hear the

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Misc.(J) Case No.16/2019 within a period of 6 weeks from the date of appearance of the parties.

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Accordingly, the respondents are directed to appear before the learned District Judge Tinsukia in Misc.(J) Case No.16/2019 on 13.09.2019 and upon their appearance the Misc.(J) Case No.16/2019 be finally adjudicated upon within a period of 6(six) weeks therefrom.

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As we are not interfering with the order dated 30.03.2019, the order of status quo passed therein shall prevail till such final adjudication is made by the learned District Judge, Tinsukia.

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In terms of the above, the review petition stands disposed of.

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JUDGE

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Comparing Assistant

Union Bank of India and 2 Ors. v. Abhishek Sah and 2 Ors.

Case brief

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Union Bank of India and 2 Ors. v. Abhishek Sah and 2 Ors.

Case brief

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