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Neutral Citation No. - 2025:AHC:9559 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 42242 of 2024 Applicant :- Aftab Alam Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Harish Chandra Dwivedi,Mohd. Faizan Ali Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.
1. Heard learned counsel for the applicant, learned AGA and perused the record.
2. Instant applicant has shown his grievance against the order dated 19.11.2024 passed by the Sessions Judge, Mau in Revision No. 379 of 2024 whereby the effect and operation of the order of attachment dated 18.11.2024 passed by the learned City Magistrate under Section 164 BNSS has been stayed.
3. A perusal of the record reveals that with respect to the same property in question, although there is a dispute regarding its identity, the civil court has passed an interim order dated 23.8.2024 to maintain status quo on the spot. The present applicant still has an opportunity to contest before the revisional court by filing a stay vacation application/objection against the interim order dated
19.11.2024. There is no apparent illegality on the face of the record so as to interfere in the order impugned dated 19.11.2024.
4. In this conspectus, as above, I do not find any justifiable ground to interfere in the order impugned dated 19.11.2024.
5. Resultantly, instant application filed under Section 528 BNSS is dismissed. However, it made clear that, in case, the present applicant files a stay vacation application/objection along with a certified copy of this order, the revisional court shall make an endevour to decide the said stay vacation application/objection expeditiously, preferably, within a period of two months from the date of filing of the stay vacation application/objection. Order Date :- 21.1.2025 vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad