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Udaivir Singh & Others v. State Of U.P. & Others - SPECIAL APPEAL No. - 1286 of 2007 [2007] RD-AH 16061 (26 September 2007)

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Special Appeal No.1286 of 2007.

Udaivir Singh & others Vs. State of U.P. & others.

Hon'ble H.L. Gokhale, CJ.

Hon'ble Anjani Kumar, J.

Date : 26th September, 2007.


1. Property inherited by the appellants is being sold in execution by the Collector Bijnore. This is for the loans of respondent no.4 bank.

2. The case of the appellants is that neither they had taken any such loan nor their predecessors from whom they have inherited the property.

3. Learned Single Judge has taken a view that the proper course to the appellants is to file a suit and apply for interim relief as well over there.

4. We do not think that there is any error on the part of learned Single Judge.

5. Learned counsel for the appellants states that auction is likely to be held any time. This being the position, therefore, a request is made that the auction may not be proceeded for some limited period. Learned standing counsel for the Collector is agreeable not to proceed with the auction.

6. Considering the totality of the circumstances, though we do not disturb the order passed by learned Single Judge, we direct the Collector not to proceed with auction for a period of four weeks within which period appellants may file suit and application for interim relief therein.

7. We make it clear that this order will not mean any reflection in favour of the appellants or in favour of the Bank whatsoever.

Date : 26.09.2007.


(Chief Justice)

(Anjani Kumar,J.)


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