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1986 DIGILAW 42 (SC)

Agri Horticultural Society v. V. Krishnamoorthy

1986-01-30

E.S.VENKATARAMIAH, M.P.THAKKAR

body1986
ORDER : Special leave granted. We have heard learned counsel for both the parties. It is true that the learned Single Judge was in error in allowing the Writ Petition without issuing notices to the appellant who was likely to be affected by the order but we find that his order has been affirmed by the Division Bench of the High Court after hearing the appellant. Having regard to the peculiar features of this case we are of the view that the case need not be remanded to the learned Single Judge again. We dispose of the Writ Petition by directing that all the proceedings including the elections that may take place at the meeting to be held on 31.1.1986 shall be subject to the final result in suit No. O. S. 4347/85, 4348/85 and 4694/85 in the sense that if the suits succeed the parties will have a right to challenge the elections. The Present Managing Committee will, however, hand over charge to the Managing Committee which would be elected at the meeting tomorrow. The appeal is disposed of accordingly. There will be no order as to costs.