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2022 Supreme(All) 616

RAMESH SINHA, SAROJ YADAV
Most Rev. John Augustine Inre 406 M/S 2015 – Appellant
Versus
Christ Church Mcconaghy School Society Lucknow – Respondent


Advocates Appeared:
For the Appellant : Prashant Singh Atal, Ankit Singh, Dr. L.P. Misra, Pooja Singh, Pranjal Krishna, Santosh Kumar.
For the Respondent: C.S.C., Aniket Raj, Gaurav Mehrotra, Nadeem Murtaza, Rahul Srivastava, Saurabh Shankar Srivastav, Sudeep Seth.

JUDGMENT :

Ramesh Sinha, J.

(A) Introduction

1. The instant intra Court appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 has been preferred by Most Rev. John Augustine (appellant herein/respondent no.3 in writ petition), challenging the correctness of the judgment and order dated 28.05.2015 passed in Writ Petition No. 406 (M/S) of 2015 : Christ Church McConaghy School Society, Lucknow and another Vs. Registrar, Firms, Societies and Chits, Lucknow and others, whereby the learned Single Judge, while quashing the order dated 07.02.2015 passed by the Deputy Registrar, Firms, Societies and Chits, Lucknow, by which the General Body of the writ petitioners' society (Christ Church Mc Conaghy School Society, Lucknow) was declared invalid and further directed the appellant herein (respondent no.3 in writ petition), to take action for re-constitution of the Committee of Management of Christ Church McConaghy School Society, Lucknow in accordance with bye-laws, allowed the writ petition in the following terms :-

    "Having pondered over the issue as to whether the dispute needs to be referred to prescribed authority under Section 25 (1) of Act 1860 the Court is of the view that

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