SYED MEMORIAL EDUCATIONAL SOCIETY PARRAYPORA BAGHAT Vs. MOHMMAD USMAN WANI
HIGH COURT OF JAMMU AND KASHMIR
SIR SYED MEMORIAL EDUCATIONAL SOCIETY, PARRAYPORA, BAGHAT
MOHMMAD USMAN WANI
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(1.) Sir Syed Memorial Educational Society, Baghat Barzalla, Parraypora Tehsil Chadoora District Budgam is an Educational Institution for imparting the training to the students. The petitioner herein claims that he is the Chairman-cum-Administrator of the said Institution which stands registered under the Jammu and Kashmir Societies Registration Act. The petitioner herein filed civil suit in the Court of Judge Small Causes Court, Srinagar praying the relief of declaration that respondents No.1 and 2 herein had ceased to be the Secretary and the Treasurer respectively. Besides that, respondent No.2 had also lost his status as one of the founder members of the said Institution. Consequential relief of perpetual injunction was also claimed to the effect that respondents No.1 and 2 may be perpetually restrained to act in any manner in the above stated capacities and respondents 3 and 4 should not accord them any recognition. Allegations of mis-conduct which included defalcations of accounts were levelled against respondent No.1. In the plaint, defendants no.1, 3 and 4 (respondents herein) were shown residing within the territorial limits of the jurisdiction of the Court whereas, defendant No.2 (respondent No.2 herein) was shown residing within the territorial jurisdiction of Sub-Judge, Budgam. On 3-5-1997, the trial Court passed an interim order which was challenged by filing Misc. Appeal No. 2 of 1996 before the learned 2nd Addl. District Judge, Srinagar. During the pendency of the appeal, the parties entered into compromise. Application was made by the petitioner herein accompanied by an agreement of compromise entered into by the petitioner and respondents No.1 and 2 herein, as well as one Dr. Nazir Ahmad (who is not a party in these proceedings). The appellate Court recorded the statements of the counsel of the parties regarding the compromise and sent the record to the trial Court which also included the following documents:-i. Application for recording compromise;ii. Deed of Compromise ;iii. Statements of the counsel for the parties.iv. Copy of the order dated 13-8-1996 wherein the appeal was allowed to be with-drawn and direction was given to the trial Court to proceed in the matter for recording the compromise.
(2.) The trial Court on 31-5-1997 passed the following order :-" From the material available on record it has been proved to the satisfaction of this Court that the suit has been adjusted by the agreement in writing signed by the parties notwithstanding that the agreement has been filed in appellate Court".
(3.) The objection raised on behalf of respondents No.1 and 2 that trial Court lacked territorial jurisdiction was over-ruled.;
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