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2008 Supreme(Ori) 899

B.S.CHAUHAN, B.N.MAHAPATRA
SAHEED SPORTING CLUB – Appellant
Versus
KALYAN RAY CHOUDHURY – Respondent


Advocates Appeared:
N.C. Panigrahi, S.R. Panigrahi, G.S. Dash and N.K. Tripathy, for the Appellant;

JUDGMENT :

B.S. Chauhan, C.J. - This writ appeal has been filed against the Judgment and order of the learned Single Judge dated 17.07.2008 passed in W.P. (C) No. 14594 of 2007 by which the learned Single Judge dismissed the writ petition upholding the Judgment and order of the First Appellate Court dated 22.09.2007 passed in F.A.O. No. 124 of 2007 (Annex.-11) by which the Appellate Court has set aside the order dated 22.08.2007 passed by the learned Civil Judge (Senior Division) i.e. the trial Court granting interim relief while considering the application being I.A. No. 41 of 2007 in C.S. No. 36 of 2007.

2. The facts and circumstances giving rise to this appeal are that the Appellant No. 1 namely, Saheed Sporting Club which is a registered society bearing Registration No. 3929-130/1985-86 having its registered office at Kesharpur of Cuttack Town. The registration was made in 1986 under the Societies Registration Act, 1860 (hereinafter called the 'Act'). Appellant No. 2 claims to be the Secretary of that Club. The elections of the Club had been held from time to time. On 24.4.2000 an election of office Bearers of the Society was held for a term of two years in which the present Appe















































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