MOOLCHAND Vs. N.K. SATSANGI

JUDGEMENT

(1.) BY this petition under Articles 226 and 227 of the Constitution of India, the petitioner has sought, inter alia, quashing of the Order (Annexure -5) dated 7 -11 - 87 passed by respondent No.1 Civil Judge Class II, Indore in Civil Suit No. 87/87, directing return of the plaint and the order Annexure -6 dated 4.5.1988 passed in Civil Appeal No. 68/87 by First Additional District Judge, Indore, dismissing the plaintiff's appeal against the Order (Annexure -5). By amendment of the petition, the petitioner has joined the Deputy Registrar and the Joint Registrar, Co -operative Societies, Indore in the array of respondent" and has also sought quashing of the orders dated 12.10.88 and 3.3.89 passed by them respectively and annexed to the Return of respondent No.7.

(2.) THE facts giving rise to this petition, briefly stated, are as follows : - The petitioner, being a member of the Indore Textile Employees Co -operative Housing Society, respondent No.3, purchased a plot No. 201 in Textile Clerk Colony, Pardeshipura, Indore from respondent No.3. The respondents No.4 to 7 designedly attempted to forcibly encroach upon the disputed plot No. 201. As such, the petitioner filed Civil Suit No. 87 -A/87 on 2.2.87 for declaration of title and permanent injunction in respect of plot No. 201 in the Court of Civil Judge, respondent No. 1. An application for temporary injunction was also filed and the Court directed maintenance of status quo.

(3.) THE learned Civil Judge Class II, Indore after hearing the parties on the aforesaid application of respondent No.3 came to the conclusion that the averments made in the petitioner's plaint constituted a dispute within the meaning of section 64 of the Act, and therefore, the suit was barred, in view of section 82 of the Act. Accordingly, the learned Civil Judge allowed the application of respondent No.3 by Order dated 7.11.87 (Annexure - 5 to the petition) directing return of the plaint to the plaintiff for presentation in proper Court. Being aggrieved by the Order the petitioner filed an appeal (M.A. No. 68/87) in the Court of First Additional District Judge, Indore, but the learned lower Appellate Court concurred with the view taken by the Civil Judge and dismissed the appeal by Order dated 4.5.1988 (Annexure - 6 to the petition).