*THE HON’BLE THE ACTING CHIEF JUSTICE SUJOY PAUL AND *THE HON’BLE SMT. JUSTICE RENUKA YARA %08-04-2025 # R.P.Sinha. …Appellant vs.

$ Dr. S.K.Singh and 4 others. … Respondents !Counsel for the appellant in W.A.No.1698 of 2008 :Sri P.Sri Raghuram, learned Senior Counsel for the appellant.

^Counsel for respondents in W.A.No.1698 of 2008 : Sri C.V.R.Rudra Prasad, learned counsel for respondent No.4.

!Counsel for the appellant in W.A.No.1725 of 2008 : Sri C.V.R.Rudra Prasad, learned counsel for the appellant.

^Counsel for respondent No.1 in W.A.Nos.1698 of 2008 & 1725 of 2008 : Sri Sunil B Ganu, learned Senior Counsel appearing for respondent No.1.

? Cases referred

1.1963 SCC Online SC 24

2.(2023) 16 SCC 462

3. 2022 SCC Online Del 839

4. 2006 SCC Online Dec 1496 5. 2021 SCC Online Del 5300 6. 2025 SCC Online MP 2360 THE HON’BLE THE ACTING CHIEF JUSTICE SUJOY PAUL AND THE HON’BLE SMT. JUSTICE RENUKA YARA WRIT APPEAL Nos.1698 AND 1725 OF 2008 COMMON JUDGMENT (Per Hon’ble Smt. Justice Renuka Yara):

Heard Sri P.Sri Raghuram, learned Senior Counsel for the appellant in W.A.No.1698 of 2008, Sri C.V.R.Rudra Prasad, learned counsel for the appellant in W.A.No.1725 of 2008 and respondent No.4 in W.A.No.1698 of 2008 and Sri Sunil B Ganu, learned Senior Counsel appearing for Sri T.S.Praveen Kumar, learned counsel for respondent No.1 in W.A.Nos.1698 and 1725 of 2008. Perused the record.

2. The above intra-court appeals are preferred aggrieved by the order dated 26.11.2018 passed by the learned Single Judge in W.P.No.3574 of 2001, whereby the judgment passed by the Co-operative Tribunal, Hyderabad (for short, ‘the Tribunal’) in CTA No.182 of 1997 dated 30.11.200 was set aside confirming the order passed by the Arbitrator in ASRC No.4 of 1994, dated 10.05.1995 by transferring plot No.1012 and the writ petitioner’s membership in favour of respondent Nos.4 and 5 is vitiated by fraud and the ownership of plot No.1012 and the membership in the Jubilee Hills Co-operative House Building Society Limited, Hyderabad (for short, ‘the Society’) was directed to be restored in favour of the writ petitioner.

3. The parties hereinafter referred to as they are arrayed in the writ petition.

Brief facts of the case

4. The writ petitioner-Dr.S.K.Singh is the member of Jubilee Hills Co-operative House Building Society Limited, Hyderabad. He was allotted plot No.1012 vide allotment letter dated 04.08.1975. The writ petitioner is a resident of United States of America (USA) and is represented by his nephew Dinesh Singh. The said plot was not amenable to him on account of its rocky topography, as such, made requests to respondent No.3-society to provide an alternative plot in the place of plot No.1012. While the things stood thus, on 22.03.1993, respondent No.4 fabricated documents dated 04.05.1992 and 04.07.1992 and an affidavit dated 06.07.1992 containing forged signatures of writ petitioner and got the membership as well as plot No.1012 transferred to her name and thus, the membership of writ petitioner was transferred in favour of respondent No.4 through resolution dated 30.07.1992 passed by the society. Consequently, respondent No.4 became member of respondent No.3-society with effect from 16.11.1992. At this juncture, the writ petitioner addressed a letter to respondent No.3-society in December, 1992 enquiring about his plot and allotment of an alternative plot. Respondent No.3 gave reply dated 05.01.1993 informing that his membership as well as plot were transferred to respondent No.4 on the basis of letter dated 04.07.1992 and affidavit dated 06.07.1992. The writ petitioner addressed a letter dated 22.03.1993 to respondent No.3-society denying his relationship with respondent No.4-V.Aruna and denying authorship of the letter dated 04.07.1992 and affidavit dated 06.07.1992 and requested for restoration of his membership and re-transfer of the plot in his favour. While so, respondent No.3- society informed the writ petitioner about there being no procedure for re-transfer