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2014 DIGILAW 303 (PNJ)

Haryana State Kho-Kho Association v. Haryana State Kho-Kho Association

2014-02-07

MEHINDER SINGH SULLAR

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Mr. Mehinder Singh Sullar, J.: (Oral) – The matrix of the facts and material, culminating in the commencement, relevant for deciding the instant revision petition and emanating from the record, is that, initially, petitioner-plaintiff Haryana State Kho-Kho Association, through its Secretary Satpal Singh (for brevity “the 1st Association”), has instituted the civil suit (Annexure P3) against the respondent-defendants Kho-Kho Federation of India, through its General Secretary Suresh Sharma and Haryana State Kho Kho Association, through its General Secretary Rajpal Kadyan (for short “the 2nd Association”), for a decree of declaration to the effect that Kho Kho Association of Haryana, headed by Surender Singh Barwala and its Secretary, was illegally constituted Association, with a consequential relief of permanent injunction, restraining the respondents-defendants 2nd Association from interfering in its (1st association) peaceful, normal functioning and to allow its players to participate in the forth coming championship Tournaments. The 1st Association has also filed an application for ad interim injunction under Order 39 Rules 1 & 2 read with Section 151 CPC. The 2nd Association contested the claim of 1st Association, filed the written statement & reply to the stay application, stoutly denied all the allegations contained in the plaint and prayed for dismissal of the suit. 2. Taking into consideration the facts & entire material on record, the trial Court accepted the injunction application and directed the defendants to permit the players of 1st Association to participate in the forthcoming championship Tournaments, by virtue of order dated 4.12.2012 (Annexure P4). 3. Aggrieved thereby, the appeal filed by the defendant-2nd Association was accepted by the Appellate Court, by means of impugned judgment dated 27.9.2013 (Annexure P5). 4. The petitioner-plaintiff-1st Association did not feel satisfied and has preferred the present revision petition, to challenge the impugned judgment (Annexure P5) of appellate Court, invoking the jurisdiction of this Court under Article 227 of the Constitution of India. 5. Having heard the learned counsel for the parties, having gone through the record with their valuable help and after bestowal of thoughts over the entire matter, to my mind, the instant petition deserves to be accepted in this context. 6. As is evident from the record that the petitioner-plaintiff 1st Association, through its Secretary Satpal Singh, has filed the civil suit (Annexure P3) against the respondent-defendants 2nd Association in the manner depicted here-in-above. 6. As is evident from the record that the petitioner-plaintiff 1st Association, through its Secretary Satpal Singh, has filed the civil suit (Annexure P3) against the respondent-defendants 2nd Association in the manner depicted here-in-above. On the contrary, the defendant-2nd Association refuted the prayer of 1st Association, through its General Secretary Rajpal Kadan. The trial Court permitted the players of 1st Association to participate in the forth coming tournaments, by way of order (Annexure P4). However, the appellate Court has reversed the pointed order and dismissed the injunction application of 1st Association, through the medium of impugned judgment (Annexure P5). The main grounds, which appear to have been weighed with the appellate Court to negate the plea of injunction of the 1st Association, were that as its term has already expired, therefore, its affiliation by Haryana Olympic Association is immaterial and it (1st Association) is not entitled to the relief of mandatory injunction. 7. Here, to me, the appellate Court has slipped into a deep legal error in this respect. At the very outset, the learned counsel for plaintiff-1st Association has placed on record the list of following National/State level players of Kho Kho Game:- ----------------------------------------------------------------------------------------------------------------------------------------- S.No. Name Father’s Name Achievement District ----------------------------------------------------------------------------------------------------------------------------------------- 1. Renu Manphool National Level Fatehabad 2. Anju Manphool National Level Fatehabad 3. Pooja Jaibeer State Level Fatehabad 4. Pooja Krishan Kumar National Level Hissar 5. Seema Rambeer National Level Hissar 6. Ritu Ramniwas State Level Hissar 7. Anita Samundar Singh National Level Bhiwani 8. Swati Satish Chander National Level Bhiwani 9. Neena Satbir National Level Bhiwani 10. Savita Balwant National Level Bhiwani 11. Parveen Sher Singh National Level Bhiwani 12. Suman Mahender State Level Bhiwani ----------------------------------------------------------------------------------------------------------------------------------------- Stand Bye:- ----------------------------------------------------------------------------------------------------------------------------------------- 1. Suman Baljeet State Level Bhiwani 2. Sonia Rajbeer State Level Bhiwani 3. Soni Kuldeep Singh State Level Fatehabad 4. Nansi Bhagwan State Level Rewari ----------------------------------------------------------------------------------------------------------------------------------------- 8. Meaning thereby, as to whether the 1st Association or 2nd Association is genuine or not, inter-alia, would be a moot point to be decided, after receiving the evidence of the parties during the course of trial by the trial Court. Be that as it may, the indicated National/genuine players of 1st Association cannot possibly be permitted to suffer on account of interse dispute between both the Associations, who are least concern with such dispute between them. Be that as it may, the indicated National/genuine players of 1st Association cannot possibly be permitted to suffer on account of interse dispute between both the Associations, who are least concern with such dispute between them. The paramount consideration, in such matters, is the welfare & interest of such national players and is more important, than the inter-se dispute between both the Associations. The mere fact that the players of plaintiff-1st Association, have not attended the requisite camp, ipso facto, is not a ground, muchless cogent, to deny them to participate in the forth coming tournaments. Thus, to my mind, the trial Court has correctly permitted the sport persons to participate in the Kho Kho Championship tournaments. The Appellate Court has just ignored the interest of National players with impunity without any legal basis and that too on speculative grounds. Moreover, no prejudice is going to be caused to any of the Associations in this relevant connection. Therefore, the impugned judgment of appellate Court cannot legally be maintained in the obtaining circumstances of the case. 9. In the light of aforesaid reasons and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial of main case, the instant petition is accepted. The impugned judgment (Annexure P5) of appellate Court is hereby set aside and order (Annexure P4) of trial Court is accordingly restored. A copy of this judgment be given dasti to the learned counsel for the parties under the signatures of Reader of this Court.