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2025 DAILYLAW 127217 (ALL)

RUPENDRA KUMAR SINGH v. CIVIL JUDGE SENIOR DIVISION LKO. AND 3 OTHERS

A227/1199/2025 · 2025-03-06

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:13730 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1199 of 2025 Petitioner :- Rupendra Kumar Singh Respondent :- Civil Judge Senior Division Lko. And 3 Others Counsel for Petitioner :- Satish Gulati,Manoj Kumar Singh Counsel for Respondent :- Prashant Kumar Srivastava Hon'ble Pankaj Bhatia,J. 1. Heard Sri Sudeep Seth, learned Senior Advocate assisted by Sri Satish Gulati, learned counsel for the petitioner, Sri Prashant Kumar Srivastava, learned counsel appearing on behalf of the respondent Bank and perused the material available on record. 2. The present petition has been filed by the petitioner with the following prayer: " (i) To pass an order or direction against the opposite parties thereby ordering the opposite party no. 1 to dispose of the interim injunction application (C-6) of the petitioner under Order 39 Rule 1 and 2 read with Section 151 CPC pending in R.S. No. 1777/2023 (Rupendra Kumar Singh v/s Bank Of Baroda and Others), pending since 23.08.2023, expeditiously within the time frame as may be fixed by this Hon'ble Court. (as contained in ANNEXURE No. 10)." 3. The contention of the counsel for the petitioner is that the injunction application was heard and 13.12.2024 was the date fixed for decision on the injunction application, however as a transfer application was filed by the respondent nos. 3 & 4, no orders have been passed. He further argues that there was no stay order operating by the Court, in which the transfer application was moved. To press the urgency, he argues that the sale is proposed to be done on 10th March, 2025. 4. Without going into the merits of the contention of the counsel for the petitioner, it is directed that the injunction application shall be decided positively by tomorrow in case, there is no interim order operating in the transfer application, It is directed that petitioner shall appear through his Advocate before the Court concerned at 12 Noon tomorrow. The Court shall ensure that the notices are given to the counsel appearing on behalf of the respondent nos. 3 & 4. The petitioner shall also serve the copy of the order along with the directions to appear tomorrow through a written communication on the counsel for the respondent nos. 3 & 4, who are appearing before the District Court. 5. Sri Prashant Kumar Srivastava, learned counsel for the respondent bank shall inform the counsel, who is representing the bank in the District Court to appear at 12 Noon tomorrow before the Court concerned. 6. The orders shall be passed by the Court concerned positively tomorrow by 5 PM. 7. It is made clear that this Court has not expressed any opinion on merits of the claim, which shall be decided by the Court concerned. 8. The petition is disposed of in terms of the above. Order Date :- 6.3.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench