Sindhi Welfare And Medical ... vs Mahesh Khetani
2022 Latest Caselaw 12299 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Civil First Appeal No. 439/2022

Sindhi Welfare And Medical Society

----Appellant Versus Mahesh Khetani

----Respondent

For Appellant(s) : Mr. C.S. Kotwani

HON'BLE MR. JUSTICE FARJAND ALI

Order

13/10/2022

The defects pointed out by the Registry are over-ruled in

view of the deposition of deficiency of the Court fees and in view

of the application filed under Section 149 of the CPC.

Heard.

Issue notice. Call for the record.

Heard on stay application filed under Order 41 Rule 5 read

with section 151 of the CPC.

Upon insistence of the learned counsel for the appellant, it is

made clear that vide judgment and decree dated 29.04.2022,

leaned trial Court has declared the election held on 30.09.2017 to

be good and valid and the elected executive of the society has

been allowed to organize and take care of the property of the

Sindhi Welfare and Medical Society for five years i.e. from

30.09.2017 to 29.09.2022.

Thus, there's no ambiguity that the effect and operation of

the decree is limited to the extent of the declaration of the

(2 of 2) [CFA-439/2022]

election of society held on 30.09.2017 for five years; the period of

which has ended on 29.09.2022.

The notice of the stay application also be issued to the

respondents.

(FARJAND ALI),J 94-Ashutosh/-

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