ORDER

Delay condoned. 2. Heard Mr. Partha Sil, learned counsel appearing for the petitioners. 3. The counsel would point out that the matter arise out of the registered sale deed dated 24.03.2006 (Annexure P/1) whereunder the Secretary of the Prabhat Cooperative Housing Society Ltd. sold the Societies land in favour of the Prabhat Public Higher Secondary School, Bareilly. Questioning the authority of the Secretary to sell the Societies land, subsequent management of the Prabhat Digitally signed by NITIN TALREJA Date: 2024.02.06 18:58:21 IST Reason:

Signature Not Verified Cooperative Housing Society Ltd. then filed the OS No. 711 of 2006 against the School, to set aside the sale dated 24.03.2006. But on application filed by the defendant (School) under Order VII Rule 11 CPC, the Societies Suit came to be dismissed as not maintainable on account of purported alternate remedy under Section 70 of the Uttar Pradesh Cooperative Societies Act. 4. Following the endorsement of the suit dismissal by the learned District Judge, on 02.04.2009, the Society moved the High Court under Article 227 of the Constitution. However, the High Court on 08.07.2009 (Annexure P/4)