PRIYA CHOUHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Assailing the order dtd. 19/3/2021 passed by the learned Single Judge in dismissing the Writ Petition No.12933 of 2020, the writ petitioner is in appeal.

(2.) Vide order dtd. 16/9/2022, the writ appeal was dismissed. Thereafter, review petition was filed being Review Petition No.1147 of 2022. Vide order dtd. 10/11/2022, the review petition was allowed and the order dtd. 16/9/2022 in Writ Appeal No.1057 of 2022 was reviewed and recalled. The writ appeal was restored to file. Thereafter, the writ appeal was disposed off by a final order dtd. 30/1/2023. In view of the fact that certain important questions of law were not considered by this Court and since the judgment was not yet signed, the order dtd. 30/1/2023 was recalled. The matter was listed for reconsideration. Thereafter, the matter was heard on various dates.

(3.) The case of the writ petitioner is that an application was filed under Order 39 Rule 2A of the Code of Civil Procedure, 1908 (in short "the CPC") before the Deputy Registrar, Cooperative Societies, Jabalpur on the ground that the opposite party has violated the order of status quo. The Deputy Registrar, Cooperative Societies considered the application under Order 39 Rule 2A of the CPC and held the accused guilty of the same. The matter was referred to the High Court. The Registrar (Judicial) of the High Court on the administrative side passed an order on 9/11/2016 directing the Deputy Registrar to transmit the records of the case in a proper reference (memo) to the Registry of the High Court for taking appropriate action. Thereafter, the instant writ petition was filed. The instant writ petition was dismissed on the ground that the suit itself has been dismissed and as the order on the application under Order 39 Rule 2A of the CPC was an interlocutory order, the same does not survive. Aggrieved by the same, a review petition was filed which was also rejected by order dtd. 28/7/2022. Hence, this appeal.