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C/M Sri Gandhi Smarak Inter ... vs Sripati Tiwari & Others

High Court Of Judicature at Allahabad|30 July, 2010

JUDGMENT / ORDER

On behalf of the appellant an objection has been raised that the writ petition filed by the respondent petitioner is not maintainable as another petition in respect of the same subject matter was filed by another office bearer giving rise to Special Appeal No. 1022 of 2010 and which is pending before this Court. The aforesaid facts were not disclosed to the Court. It is submitted that it is not possible to accept that two persons who were members and also office bearers of the society would not be aware of the petition which had been filed by Sri Subhas Upadhyaya. This action of suppressing material facts before the Court would amount to criminal contempt and action should be taken.
Learned counsel for the respondent submits that even though the relief claimed may be the same yet the petitions were filed by different individuals who cannot be presumed to be aware of each others action.
After hearing the parties we are of the opinion that considering the pleadings in both the petitions and the nature of the relief claimed it is impossible to accept that the respondent herein was unaware of the earlier proceedings of the writ petition filed by Subhas Upadhyay, more so when the learned counsel for the respondent in this appeal and for Subhas Upadhyay are one and the same. In our opinion, this clearly amounts to an abuse of the process of the Court.
Accordingly we allow this appeal, set aside the order of the learned Single Judge dated 27th May, 2010 and dismiss the petition with costs assessed at Rs. 10,000/- to be paid by the respondent petitioner to the appellant herein.
The special appeal is disposed of.
Order Date :- 30.7.2010 Sahu
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Title

C/M Sri Gandhi Smarak Inter ... vs Sripati Tiwari & Others

Court

High Court Of Judicature at Allahabad

JudgmentDate
30 July, 2010