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Brahmavir Singh Vs State of U.P. and 4 Others — Allahabad HC (2019) — LawSathi Research

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Allahabad HC
2019
Brahmavir Singh Vs State of U.P. and 4 OthersBrahmavir Singh v. State of U.P. and 4 Others

Dismissed

Brahmavir Singh v. State of U.P. and 4 Others

Allahabad HC23 Apr 2019SPLA/382/2019

Case brief

from the order text

What is this about?

Case :- SPECIAL APPEAL No. - 382 of 2019…

What the court decided

AI extract

Outcome

Dismissed

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

Court No. - 34

Case :- SPECIAL APPEAL No. - 382 of 2019

Appellant :- Brahmavir Singh Respondent :- State Of U.P. And 4 Others Counsel for Appellant :- Satya Prakash Singh,Ashok Khare,Ashok Khare,Senior Advocate,Bajrang Bahadur Singh

Counsel for Respondent :- C.S.C.,Sumit Daga

Hon'ble Sudhir Agarwal,J. Hon'ble Rajendra Kumar-IV,J.

Heard learned counsel for appellant and learned Standing Counsel for State-respondents.

This intra-Court appeal, under Chapter-VIII Rule 5 of Allahabad High Court Rules, 1952 (hereinafter referred to as 'Rules, 1952'), has arisen from judgment dated 22.02.2019 passed by learned Single Judge in Writ-C No. 2284 of 20016, by which writ petition has been dismissed. In the writ petition, basic dispute relates to validity of correctness of membership of 180 persons. It is pleaded that 180 members were neither in accordance with byelaws of Society nor as per scheme of Society. Dispute of membership is a serious disputed questions of fact and, therefore, appropriate remedy lies in seeking appropriate declaration in common law remedy.

Another matter, filed by some other persons, is already pending in Civil Court in Court of Civil Judge (Junior Division), Sardhana, Meerut being Original Suit No. 58 of 2012, as evident from the order of learned Single Judge.

On the query, learned counsel for appellant stated that he is not a party in the pending suit.

If that be so, it is always be open to appellant to move an appropriate application before Court below for impleadment in the pending suit. We do not find any error or illegality in the judgment passed by learned Single Judge.

Appeal lacks merit and it is, accordingly, dismissed.

Order Date :- 23.4.2019 Akram

Parties & counsel

AI extract

appellant
Brahmavir Singh
respondent
State Of U.P.

Coram

AI extract

Sudhir Agarwal
Rajendra Kumar-IV

Case details

As recorded by the court registry

Court: Allahabad HC
Decided on: 23 Apr 2019 · April
Registered: 14 Mar 2019
Case no.: SPLA/382/2019
CNR: UPHC010552522019
Bench: Sudhir Agarwal Rajeev Misra
Disposal: Dismissed on merits

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Cite this judgement

Brahmavir Singh v. State of U.P. and 4 Others, SPLA/382/2019 (ALL), decided on 23 April 2019.

The Allahabad High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

Sudhir Agarwal and Rajendra Kumar-IV

Parties & counsel