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NUPUR BHATI
Anwar Ali Khan S/o Sultan Khan – Appellant
Versus
Marwar Muslim Education and Welfare Society, Jodhpur through its General Secretary – Respondent
JUDGMENT :
Nupur Bhati, J.
1. The appellants/plaintiffs have preferred the instant misc. appeal under Order 43 Rule 1 (r) read with Section 104 of the Code of Civil Procedure, 1908 (‘CPC’) challenging the order dated 21.06.2024 passed by learned Additional District Judge No.7, Jodhpur Metropolitan, Jodhpur (‘Trial Court’) in Civil Misc. Application No.25/2024, whereby the learned Trial Court has rejected the prayer for ad-interim injunction and an erroneous finding with respect to appellants’ membership has been given, which was neither the subject-matter of the suit nor even pleaded by the appellants.
2. The facts apposite for the purpose of disposal of this misc. appeal are that the appellants/plaintiffs filed a suit for declaration and permanent injunction against the respondents/defendants before the learned Trial Court. The appellants/plaintiffs filed the suit assailing the action of the defendants No.1 to 6, whereby without having any authority or right and in gross violation of the Constitution of the Society, the life membership of the appellants has been rejected by the defendants and their names have been ordered to be removed from the voter list/list of life members. Along
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