Indrawati Devi And 2 Others vs State Of U.P. And 2 Others
2022 Latest Caselaw 4587 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - C No. - 6283 of 2022
 

 
Petitioner :- Indrawati Devi And 2 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Anjani Kumar Raghuvanshi,Neeraj Srivastava
 
Counsel for Respondent :- C.S.C.,Sandeep Kumar Singh,Satyawan Shahi
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Vikram D. Chauhan,J.

Civil Misc. Impleadment Application No. 3 of 2022

Impleadment application is allowed.

Necessary amendment be carried out during the course of the day.

Order on Petition

Sri Sandeep Kumar Singh, learned counsel has appeared on behalf of the respondent-Bank.

Learned counsel for the petitioners submits that the property in question was in the partnership of the petitioners. The newly impleaded respondents are said to have a right of the property by way of partnership.

The petitioners have filed a suit for declaration before the court concerned which was decreed by judgment dated 25th January, 2021. Learned counsel for the petitioners submits that the property in question is in occupancy of the respondent-Bank who are not releasing the rent to the petitioners despite the decree of the civil court.

Sri Satya Narayan Singh, learned counsel holding brief of Sri Satyawan Shahi, learned counsel for the newly impleaded respondents has stated that against the aforesaid decree of the civil court an appeal has been preferred by the newly impleaded respondents and the same is pending consideration. He has also submitted that the petitioners are not appearing in the aforesaid appeal and have filed a transfer application. In view of the aforesaid fact, the stay application of the newly impleaded respondents are not being decided by the Appellate Court.

On being confronted by the aforesaid situation, learned counsel for the petitioners undertakes to appear before the Appellate Court and cooperate in the appellate proceedings. The Additional District Judge, Varanasi is directed to decide the appeal No. 6/2021 and 10/2021. The stay application in the aforesaid appeal shall be considered and appropriate order be passed taking into account the situation where the Bank has to release the rental amount to owners of the property and question of ownership is said to be pending before the Appellate Court.

The Appellate Court is expected to decide the aforesaid stay application in the pending appeals within a period of four weeks from the date of production of certified copy of this order before the Appellate Court. Parties will appear before the Appellate Court and will cooperate with the appellate proceedings bringing the same to the logical conclusion. The Bank shall deal with the rental amount as per the decision/direction of the Appellate Court passed on the stay application. During the intervening period, the Bank shall keep the rental amount in fixed deposit bearing interest and shall be released under the orders of the Appellate Court.

With the aforesaid direction, writ petition is disposed of.

Order Date :- 30.5.2022

VMA