JUDGMENT

G.S. Sandhawalia, J.

Consideration in the present Letters Patent Appeal, filed by the appellant-writ petitioner, is to the order dated 28.04.2017 of the Learned Single Judge passed in CWP-17116-2016 titled S.K.Kaushal v. The District Bar Association (DBA) Ambala & others, which was dismissed while noting that the Civil Suit was already pending and the writ petition is not maintainable against the District Bar Association Ambala (DBA) which is a society registered under the Societies Registration Act. The same was held not falling within the ambit of Article 12 of the Constitution of India and the writ petitioner having already availed the remedy, he could seek interim relief regarding stay of auction which had been declined and therefore, parallel proceedings could not be continued.

2. The challenge in the writ petition was to the order dated 26.02.2016 (Annexure P-8) wherein the DBA had cancelled allotment of the writ petitioner of Chamber No.S-104 as he had not occupied the same and also failed to deposit chamber charges till date. Resultantly, the said allotment of chamber was stated to be cancelled. Similarly, challenge was also raised to the auction of the said chamber vide the subsequent communication dated 04.08.2016 (Annexure P-16) wherein persons interested in the auction had to deposit Rs.10,000/- as security and the remaining 75% amount was to be deposited within 15 days and the auction was to take place on 23.08.2016. Prayer was also made to restore the writ petitioner's membership and his lawyers chamber and grant stay against the said auction.

3. In the writ petition itself it was averred that the appellant had filed an application for staying the auction of the chamber in which the prayer was to adjourn the Civil Suit after staying the auction since there was a transfer petition pending in this Court which had been filed and diarized on 25.07.2016. The Civil Suit which was thereafter appended as (Annexure P-22) did not find mention in the pleadings of the writ petition. Prayer in the Civil Suit filed in December, 2011 would go on to show that directions were sought to allot the plaintiff a chamber on the ground-floor on account of his handicap since his chamber was on the second-floor. Apparently, the respondent-DBA had also filed an application under Order 7, Rule 11 CPC for rejection of the plaint whereas the present appellant had moved 9 applications in the said suit. The appellant had then filed CR- 5947-2016 before this Court wherein it had been noticed that the suit was not being disposed of and status report was being called for on 09.12.2016 (Annexure P-31). The application under Order 7, Rule 11 CPC filed by the DBA was eventually dismissed by the Trial Court on 03.01.2017 (Annexure P-32) by holding that there was nothing to show that the suit was barred by law and/or had become in-fructuous.

4. Apparently the suit has now been got adjourned sine-die at his own asking though a Civil Appeal is pending before the Court of the Additional District Judge, challenging the said order. The matter has though been adjourned before the Lower Appellate Court on 11.01.2023 on the request of the appellant himself whereby adjournment had been sought on the ground that he is not feeling well and for next few days, the cases were fixed before this Court. Another Civil Suit No.1706 of 2021 had also been filed claiming legal rights to the chamber No.S-104 and challenging the notice dated 26.02.2011 and the auction proceedings dated 23.08.2016. It is also pertinent to notice that the Civil Suit has been adjourned sine-die after the writ petition was dismissed on 28.04.2017 by learned Single Judge while giving a wrong statement that the matter was pending before this Co