SA/51/2022
2022 Latest Caselaw 1710 UK

                     Office Notes, reports,
SL.                 orders or proceedings or
          Date                                                COURT'S OR JUDGES'S ORDERS
No                 directions and Registrar's
                     order with Signatures


      08.06.2022
                                                SA No. 51 of 2022
                                                Hon'ble Sharad Kumar Sharma, J.

Mr. Siddhartha Singh, Advocate, for the appellant.

The plaintiff/appellant herein, had agitated his grievances in the present Second Appeal by invoking Section 100 of the CPC, by putting challenge to the judgment and decree dated 30.01.2021, passed by the Court of 2nd Additional Civil Judge (Senior Division), Dehradun in Original Suit No. 456 of 2005, Deshraj Kamra Vs. Yamuna Valley Engineers Employee Housing Cooperative Society, whereby the Suit of the plaintiff was dismissed and on a challenge being given to the said judgment of the learned trial Court in Civil Appeal No. 31 of 2013, Deshraj Kamra Vs. Yamuna Valley Engineers Employee Housing Cooperative Society, the Appeal was also dismissed with an observation, which was made by the learned Appellate Court in its judgment, as it has been observed in para 33, wherein it has held that so far as the Suit of the plaintiff is concerned, that would be barred by the provisions contained under the Uttarakhand Cooperative Societies Act of 2003, particularly, that as relating to the provisions contained under Sections 110 and 75 of the Uttarakhand Cooperative Societies Act of 2003, and hence, the avenue for redressal of the grievance of the appellant, as against the cooperative society from which he seeks his rights, on the basis of the allotment made in his favour was left open for the appellant to be agitated before the Forum provided under the Uttarakhand Cooperative Societies Act of 2003.

Since the Court below had concurrently observed that the Suit itself would not be tenable due to the bar created under the provisions contained under the Uttarakhand Cooperative Societies Act of 2003, and particularly when the Forum for redressal of the grievances of the appellant has been left open to be resorted to in accordance with the provisions contained under Sections 70 and 71 of the Uttarakhand Cooperative Societies Act of 2003, this Court is not inclined to interfere in the Second Appeal, the same is accordingly dismissed, without prejudice to the rights reserved under para 33 of the impugned appellate Court's judgment.

(Sharad Kumar Sharma, J.) 08.06.2022 Mahinder/