Unknown vs Tata Capital Housing Finance Limited ...
2024 Latest Caselaw 769 UK

Uttarakhand High Court

Unknown vs Tata Capital Housing Finance Limited ... on 24 April, 2024

     HIGH COURT OF UTTARAKHAND AT
               NAINITAL
      THE HON'BLE CHIEF JUSTICE MS. RITU BAHRI
                        AND
      THE HON'BLE JUSTICE SRI RAKESH THAPLIYAL

                            24th April, 2024
            Special Appeal No.244 of 2023

Smt. Sangeeta Tyagi
                                                           .....appellant

                                 Versus

Tata Capital Housing Finance Limited and another
                                               ........Respondents


Counsel for the appellant        :   Mr. Aditya Singh, learned counsel.
Counsel for the State/2              Mr. M.S.     Bisht,    learned   Brief
                                     Holder.

Counsel for the respondent
no.1                                 Mr. Sanjeev Singh, learned counsel
                                     (through VC) with Mr. Ayush
                                     Agrawal, learned counsel.



Judgment: (per Ms. Ritu Bahri, C.J.)
        After having heard the learned counsels for
the parties, learned counsel for the appellant says that
the loan was taken by her brother, who is also appearing
in the Court today Shri Pradeep Kumar Tyagi, and by the
order dated 09.12.2022, the District Magistrate had
corrected the order dated 20.08.2020, whereby the
property of the appellant was segregated.

2.          The parties are here on account of the interim
order passed, whereby the order dated 09.12.2022, has
been stayed. The bank has challenged this order before
this Court in WPMS No.734 of 2023. The appellant Smt.
                               2




Sangeeta Tyagi, real sister of Shri Pradeep Kumar Tyagi,
has filed this appeal, and Shri Pradeep Kumar Tyagi, is
also present in the Court today.




3.          Learned counsel for the bank says that as far
as the property of the present appellant is concerned,
they are not going to disturb her possession because she
is neither taken the loan neither she is a guarantor.




4.          Since the matter is pending before the learned
Single Judge, this special appeal is being disposed of by
giving direction to the learned Single Judge to proceed
with the writ petition, and in the meantime, status quo
with regard to the possession of the appellant will be
maintained in the property as per correction made by
the District Magistrate vide order dated 09.12.2022, and
Shri Pradeep Kumar Tyagi, who is the real brother of the
appellant will have a liberty to appear before the Single
Judge, to assist the court.




                                  ___________________________
                                             Ritu Bahri, CJ.


                                  ___________________________
                                        Rakesh Thapliyal, J.

Dt: 24th April, 2024 NR/