BASHIR AHMAD Vs. GHULAM MOHAMMAD SHEIKH

JUDGEMENT

(1.) The petitioner,has applied by petition to this High Court for appeal to the Supreme Court as envisaged by Order 45 C.P.C. read with Sections 109 and 110 of C.P.C. The petitioner filed a suit for declaration and permanent injunction along with application for grant of an interim injunction for restraining the respondents from challenging the petitioner/plaintiff's position as Chairman of the Western Bus Stand Batmaloo Srinagar.

(2.) The trial court of Additional District Judge Srinagar by his order dated 28-2-2000 disallowed the interim relief sought for. However, the trial Court issued directions, pending suit, for constitution of an Adhoc Committee for running the affairs of the Association. The parties in the first instance were asked to nominate and agree on Adhoc Committee within 15 days failing which Superintendant of Traffic Police was to lookafter the affairs of the Association with consequential directions. Petitioner filed an Appeal before this Court CIMA 10/2000. On contest after hearing the appeal came to be dismissed vide order 20/10/2000 with the observation that if the parties find the Adhoc arrangement order by Court below to run the affairs of the Association is "not foolproof" they can aproach the trial Court for the reversal, alteration/modification of the direction

(3.) This petition for Appeal to the Supreme Court is moved on the grounds that the grounds raised by the Appellant in his Appeal before the High Court have not been considered The High Court has not considered the effect of the affidavits filed by Respondents before the Court below when the appellant objected to the admissibility of the affidavits and also lack of opportunity to petitioner on that score. The interim application was rejected on the ground that the original minutes of the meeting evidencing extension in the term of petitioner as Chairman , were not produced before court, though same were never summoned from the Appellant and this aspect of the case was ignored by the trial Court. The law laid down by the Supreme Court has not been followed on the question of re-election by voice vote. The direction of the trial court regarding constitution of the Adhoc Committee to run the affairs of the Association with consequential other directions, though found by the appellate court, as having come on record without hearing the parties, the Appellate Court has not set aside the impugned order, rather the court dismissed the Appeal.