Dismissed

Kho Kho Federation of India v. Kho Kho Association of Hry

Punjab & Haryana HC15 Feb 2011CR/232/2011

Case brief

AI extract

What is this about?

The High Court dismissed a civil revision petition challenging an interim order granted in a suit between rival Kho Kho associations. The trial court allowed the plaintiff-respondent to participate in a National championship despite disputes over affiliation. The revision court found no merit in the challenge.

What did the court decide?

The impugned order allowing the respondent's team to participate in the National Kho Kho championship was upheld as the revision petition was dismissed.

Kho Kho Federation of India Vs Kho… — Contract and Commercial Disputes | Punjab & Haryana HC (2011)

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Civil Revision No.232 of 2011 (O & M )

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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT

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CHANDIGARH

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Date of Decision: February 15, 2011.

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Civil Revision No.232 of 2011 (O & M )

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Kho Kho Federation of India through its General Secretary Suresh Sharma ….Petitioner

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Versus

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Kho Kho Association of Haryana through its General Secretary

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Satpal Singh ..Respondent

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CORAM: HON’BLE MR. JUSTICE MOHINDER PAL.

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Whether Reporters of local papers may be allowed to see the judgment?

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To be referred to the Reporters or not.

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Whether the judgment should be reported in the Digest?

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Present: Mr.J.P. Dhull, Advocate, for the petitioner.

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Mr.B.S. Sudan, Advocate, for the respondent.

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-.-

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MOHINDER PAL, J.

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Civil Suit No.194 dated 21.12.2010 was filed by Kho Kho Association of Haryana through its General Secretary Satpal Singh (hereinafter referred to as the plaintiff-respondent’) against Kho Kho Federation of India through its General Secretary Suresh Sharma (hereinafter referred to as the defendant-petitioner’) seeking declaration to the effect that the plaintiff-respondent was the

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Civil Revision No.232 of 2011 (O & M )

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original and legally constituted Kho Kho Association of Haryana with consequential relief of permanent injunction restraining the defendantpetitioner from interfering in the peaceful functioning of the plaintiffrespondent. Along with the suit, the plaintiff-respondent filed an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure seeking interim injunction to allow the plaintiff-respondent’s team to participate in the forthcoming Kho Kho Championship Tournament all over India. This prayer of the plaintiff-respondent was allowed by the trial Court vide order dated 4.1.2011 allowing the plaintiffrespondent’s team to participate in the National Kho Kho championship to be held from 22.1.20121 to 26.1.2011 in District Siliguri in West Bengal. This revision petition has been filed by the defendant-petitioner challenging the order dated 4.1.2011 passed by the trial Court.

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After hearing Mr.J.P. Dhull, Advocate, appearing for the petitioner and Mr.B.S. Sudan, Advocate, appearing for the respondent and perusing the records of the case, I do not see any ground which may warrant interference by this Court in the impugned order passed by the trial Court in exercise of its revisional jurisdiction. Two Kho Kho Associations of Haryana i.e the defendant-petitioner and the plaintiffrespondent are fighting with each other on the question of their affiliation with the Indian Olympic Association. Obviously, for their dispute, the genuine sportspersons of Kho Kho in the State of Haryana, who are least concerned for such a dispute between the defendant-petitioner and the plaintiff-respondent, cannot be allowed to suffer. Under the circumstances, there is no wrong with the order passed by the trial Court when it allowed the plaintiff-respondent’s

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Civil Revision No.232 of 2011 (O & M )

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team to participate in the National Kho Kho championship to be held from 22.1.20121 to 26.1.2011 in District Siliguri in West Bengal. Lest it may affect the real controversy in the suit before the trial Court, I would refrain myself from commenting on the same. However, there being no merit in this revision petition, the same is hereby dismissed.

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Dated: February 15, 2011. ( MOHINDER PAL) ak JUDGE

Kho Kho Federation of India v. Kho Kho Association of Hry

Case brief

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Kho Kho Federation of India v. Kho Kho Association of Hry

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