CRP 498/2010 BEFORE HON’BLE MRS. JUSTICE ANIMA HAZARIKA Heard Mr K.R.Surana learned counsel appearing for the petitioner. 2. The petitioner herein is the defendant No.1 in Title Suit No. 8/2010 now pending before the court of Civil Judge, No.1, Kamrup at Guwahati. Grievance ra ised in this revision petition under Article 227 of the Constitution of India is non-disposal of petition Nos. 314/2010(Filed in T.S. 8/2010), 315/2010 and 897/ 2010 (filed in Misc(J) Case No. 6/2010 arising out of T.S.No. 8/2010) by the l earned trial Court though pending since February/March 2010. 3. The petitioner i.e. AXIS Bank Limited is a Banking company registered un der the Companies Act, 1956 and carrying on its banking business under the Banki ng Regulation Act, 1949. It is also a financial institution within the meaning o f Section 2(h)(i) of the Recovery of Debts due to Banks & Financial Institution Act, 1993(Act 1993 for short). The respondent No.1 herein is the plaintiff in T.S.No. 8/2010 which was institut ed claiming, interalia, the following reliefs: i. Declaring the right, title and interest of the Plaintiff in respect of the schedule-A property. ii Confirming the possession of the Plaintiff in respect of the Schedule-A property and alternatively if it is found that the plaintiff has been illegall y dispossessed from the Schedule-A property in contravention of the provisions o f Section 53-A of the Transfer of Property Act, 1882 then delivering khas posse ssion of the Schedule-A properties. iii. Declaring the mortgage dated 14.10.2006 created by the Defendants No.2 t o 5 in favour of the defendant No.1 Bank to be fraudulent, null and void. iv. Granting permanent injunction restraining the defendants, their heirs, s uccessors, representatives, assigns and/or agents from selling, disposing of or in any manner encumbering the Schedule-A properties. v. Granting permanent injunction restraining the defendants, their heirs, s uccessors, representatives, assigns and / or agents from dispossessing or distur bing the possession of the plaintiff over the Schedule-A properties or its enjoy ment by the plaintiff. vi. Directing the defendants Nos. 2 to 7 to jointly and severally pay a sum of Rs.75,00,000/-(Rupees seventy five lakhs) only as compensation for the loss s uffered by the plaintiffs for the fraudulent acts committed by the defendants N os.2 to 7. vii. For payment of interest @ 18% per annum on the aforesaid amount from the date of institution of this suit till its realization. viii. A decree for costs of the suit. ix. To any other relief/reliefs to which the plaintiffs are entitled to unde r the law. 4. Alongwith the said Title Suit respondent also filed a separate petition for ad-interim temporary injunction under the provisions of Order 39 Rule 1 and 2 read with Section 151 of Civil Procedure Code (Code for short). The said petit ion was numbered as Misc(J) Case No.6/2010 which is pending for disposal and t he next date is fixed on 4.1.2010 for objection hearing. By order dated 7.1.201 0 passed in Misc(J) case No. 6/2010 the learned trial court directed both the p arties to maintain status quo over the schedule land as on 7.1.2010 until furth er order fixing 6.2.2010 as next date for show cause. On 6.2.2010 the petition er herein filed a petition in the Title Suit being petition No. 314/2010 under S ection 34 of the Securitisation and Reconstruction of Financial Assets and Enfo rcement of Security Interest Act, 2002(Act 2002 for short) read with Section 9 and Order 14 Rule 2 of the Code for deciding the preliminary issue on maintaina bility of the suit in view of bar to jurisdiction of Civil Court on the subject matter under the provision of the Act, 2002. A similar petition, registered as petition No.315/2010 was also filed in connection with Misc(J) case No. 6/201 0. The respondent No. 1 filed his objection to the petition Nos. 314/2010 and 31 5/2010 on 29. 3.2010. Thereafter the petitioner filed another petition No. 897/2 010 in the aforesaid Misc(J) case No. 6/2010. Though the petition No. 314/2010 w as filed on 6.2.2010(in TS No.8/2010) , Petition No. 315/2010 on 6.2.2010 and Pe tition No. 897/2010 on 29.3.2010(both in Misc(J) case No. 6/2010), the aforesaid petitions have not been disposed of till date by the learned trial Court. As th e petitioner is suffering for not being able to take steps in consonance with th e provision of the Act 2002, early disposal of the petitions are required to ena ble the petitioner to proceed with the case as per provision of the Act 2002. 5. In the aforesaid background the learned counsel appearing for the petiti oner has submitted that if the aforesaid petitions including the injunction matt er are heard and disposed of by the learned trial court, the petitioner would ha ve no further grievance in the matter. 6. As the learned trial court has fixed the next date on 4.1.2011 for objec tion hearing, this court is of the view that instead of admitting this petition to regular hearing, it would be more appropriate to direct the learned trial cou rt to hear and dispose of the aforesaid petitions being numbered as petition Nos . 314/2010, 315/2010 and 897/2010 either on the next date or on any other date w ithin two weeks thereafter. 7. In view of the submission made by the learned counsel appearing for the petitioner, no further order is required to be passed by this court. 8. This revision petition stands disposed of in the above terms.