9911796707
TMI Blog2023 (1) TMI 1379X X X X Extracts X X X X X X X X Extracts X X X X ..... sequent dismissal of the petition by the High Court based on the filing of an appeal against a previous decree - HELD THAT:- From the documents produced along with the counter affidavit, the respondents have produced the extract of the present case status of FA-16/2022. It is pointed out that the appeal is filed on 11.03.2022 which was registered on 15.03.2022 and the scrutiny for posting the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... justified and the District Magistrate is directed to take note of the decree passed on 25.08.2022 and issue the NOC within a period of two weeks from this day to the petitioner, which shall however, remain subject to the result of the appeal pending before the High Court. Petition is accordingly disposed of. - Hon'ble Mr. Justice A.S. Bopanna And Hon'ble Ms. Justice Hima Kohli For the Pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... let dealership over land situated in Khata No.544, Plot No.1077, Thana No. 196, Tauzi No. 951, Ward No.37 in Mauza Chhota Bariyarpur, Police Station Chhatauni, Motihar, District-East Champaran, Bihar, the District Magistrate had rejected the request of the petitioner for issue of NOC. The said order being assailed before the High Court, the High Court has also dismissed the petition only on the gr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would not operate as a stay. If that be so, the judgment and decree dated 25.08.2021 would enure to the benefit of the petitioner as on today and the rejection of the NOC only on the ground that the appeal has been filed, would not be justified. In that view, the High Court was also not justified in rejecting the petition. 5. Accordingly, the Order dated 18.08.2022 passed by the High Court of Patn ..... X X X X Extracts X X X X X X X X Extracts X X X X
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