KUMKUM SINHA AND ANOTHER v. ADDL. CITY MAGISTRATE (II) LKO AND ANOTHER
WRIC/1603/2025 · 2025-04-16
Om Prakash Shukla, Rajan Roy
body2025
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[ 2025 DAILYLAW 124416 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 124416 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:21265-DB Court No. - 2 Case :- WRIT - C No. - 1603 of 2025 Petitioner :- Kumkum Sinha And Another Respondent :- Addl. City Magistrate (Ii) Lko And Another Counsel for Petitioner :- Santosh Kumar Shukla,Raghvendra Pratap Singh,Toshendra Kumar Counsel for Respondent :- C.S.C.,Praveen Dwivedi Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.
1. Heard.
2. Kumkum Sinha-petitioner of this petition is neither a borrower nor a guarantor but a person who claims to have purchased a flat. Her case is that the flat is not situated on the mortgaged property.
3. These issues can't be seen under Article 226 of the Constitution of India especially as she has already filed a securitization application bearing No.83/2024 wherein her application for stay of auction sale has already been rejected on 22.11.2024 although it is claimed that interim relief application for stay of the order passed under Section 14 of the SARFAESI Act, 2002 is pending. Petitioner should pursue the said application. Moreover, we find that she has already intervened in the connected writ petition filed by the Bank pertaining to Plot No.137/13. Therefore, we see no reason to entertain this separate writ petition. We have already passed an order today in the said writ petition.
4. Accordingly, this petition is disposed of with liberty aforesaid. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 16.4.2025 Shanu/- Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench