LAWS(ALL)-2024-7-238

SEETA GUPTA Vs. ADDL.DIST.JUDGE

Decided On July 15, 2024
Seeta Gupta Appellant
V/S
Addl.Dist.Judge Respondents

JUDGEMENT

(1.) Heard Sri Ashish Agrawal, learned counsel for the petitioners, and Sri Arvind Srivastava, learned counsel for the respondents.

(2.) The petitioners through the present writ petition have prayed for setting aside the order dtd. 3/8/2013 passed by the Additional District Judge, Court No.3, Etawah in S.C.C. Revision No.1 of 2013 (Abdul Gaffar Vs. Smt. Sita Gupta and Others) by which the revision filed by respondent no.2-Abdul Gaffar was allowed. The Revisional Court remanded the matter to the Trial Court.

(3.) The facts in brief are that two shops bearing Municipal No.168- A/1 and 168-A/2 are situated in Mohalla Sabitganj, Etawah. Later on, the number of the shops mentioned above has been changed by the Nagar Nigam. Shop no.168-A/1 was numbered 168 and Shop no.168- A/2 was allotted No.168-A by Nagar Palika (hereinafter referred to as 'suit property'). One Sone Lal S/o Bhure Lal Vishwakarma was the owner of the suit property. He took a loan from U.P. Financial Corporation, Kanpur (hereinafter referred to as 'U.P.F.C.'). Since he could not repay the loan taken from U.P.F.C., therefore, U.P.F.C. to recover the loan amount, put the suit property into auction on 18/11/1978 in which one Vinay Kumar Gupta was the highest bidder, and the suit property was auctioned to him.