MEENA DEVI Vs. GOPAL CHAUBEY

JUDGEMENT

(1.) Heard Sh. J.S. Arora, learned Senior Counsel for the appellant as well as Sh. Siddharth Harsh and Sh. Mritunjay Kumar the learned Counsels for the respondents/Banks.

(2.) This Miscellaneous Appeal has been filed under Order XLIII Rule 1 (r) of the Code of Civil Procedure, 1908 (hereinafter referred as "CPC") against the Order dtd. 2/5/2023, passed by the learned Sub Judge-I, Banka (hereinafter referred as "Trial Court"), in T.S. Case No. 143 of 2021, whereby and where under the learned Trial Court rejected the petitions filed by the plaintiff/appellant dtd. 22/10/2021 and 14/3/2023 under Order XXXIX Rule 1 and 2 read with Sec. 151 of the CPC to restrain the defendants from alienating the suit land.

(3.) The learned Trial Court vide the impugned order dtd. 2/5/2023 held that the suit land includes Schedule II land against which a proceeding for recovery of loan and declared Non Performing Assets (N.P.A.) started under the Securitisation And Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short 'SARFAESI Act') and the court has no power to interfere in that proceeding. It is also held that there is no prima facie case made out in favour of plaintiff and there is no question of balance of convenience and irreparable loss in favour of plaintiff.