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Judgment
Ashok Menon, Chairperson
The matter is taken up for hearing by way of a praecipe filed by Appellant for seeking urgent relief.
I.A. No. 51/2024 is an application for staying the operation of the impugned order dated 04.10.2023 in Appeal on Diary No. 1193/2022 on the files of the Debts Recovery Tribunal, Aurangabad (D.R.T) whereby the appeal filed by Respondent No. 2 herein claiming right in the property was relegated to be decided by a Civil Court in a suit to be filed, if so advised, to establish her claim of seeking a partition over the property.
However, the order of the Ld. Recovery Officer dated 28. 11.2022 was set aside by the Ld. Presiding Officer, (D.R.T). The Ld. Counsel appearing for the Appellant submits that the possession of the property has already been handed over to the Appellant who is the auction purchaser and now the Ld. Recovery Officer is insisting that the possession be restored to the claimant, though there was no such direction in the impugned order..
Since the order has been challenged before this Tribunal, it will be in the interest of justice to maintain the status quo. The Respondents have been served but none appeared so far.
Hence, the application for stay is allowed and the operation of the impugned order shall stand stayed till the disposal of the appeal.
Post on 22.05.2024 for hearing.