SHILLONG MUSLIM UNION Vs. MUNSHI ALI SONARI

JUDGEMENT

(1.) The petitioner who stated to be a registered Union and owner of several properties in Shillong is before this Court by way of the instant revision application under Sec. 115 of the Code of Civil Procedure read with Article 227 of the Constitution of India.

(2.) The only grievance that the petitioner has with the impugned order under challenge dtd. 4/7/2022 passed in T.C.A. No. 1 (H) of 2021 is the direction contained therein, whereby it has been recorded that on the failure of the petitioner to obtain instructions, the General Secretary of the said Union shall remain present in Court along with the association, memorandum of the association, assets and property.

(3.) Mr. A.S. Siddiqui, learned Senior counsel assisted by Ms. M.K. Sah, learned counsel for the petitioner submits that the petitioner was constrained to approach this Court, inasmuch as, the directions contained in the said impugned order are out of the scope of discussion and adjudication before the lower Appellate Court. He further submits that the said order has been passed in excess of jurisdiction and is liable to be interfered with by this Court.