Per Kakru, J.(Oral)

This LPA arises out of the judgement of the learned Single Judge passed in OWP No. 1096/2002. The facts material for its disposal may be noticed. Appellant and respondent No. 1 to this LPA have disputed the locus of each other in managing the affairs of D.A.V. Institution in a suit which is subjudice before the civil court. During its pendency the respondent No. 1 filed a petition seeking a writ of mandamus to command the respondent-state to accord approval in its favour to the effect that it is the only genuine Managing Committee. Writ petition came to be decided requiring functionaries of the state to examine the claim of the writ petitioner (respondent No. 1 herein). In compliance thereto, claim of the writ petitioner was examined begetting approval/recognition in its favour. Being aggrieved, therefore, this LPA.

2. What irks us the most is the stance of the writ petitioner, respondent No. 1 taken by him in his objections filed against the admissibility of leave to appeal sought by the appellant which reveal that when he had approached the writ court, at that point of time he had already subjected himself to the jurisdiction of the civil court and the suit

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