Ajoy Nath Ray, Ashok Bhushan, J. - (1.) This is an application for stay in aid of appeal preferred from an order passed by an Hon'ble Single Judge dated 10.5.2005. By the said order his Lordship dismissed the writ petition of the private respondent bearing No. 47176 of 2003 and allowed the writ petition of the appellant wherein the appellant had challenged an order dated 24.2.2005 passed by the Assistant Registrar Firms, Societies and Chits, Agra.
(2.) The subject matter of the controversy is really very simple. It relates to the office bearers of the society and the claims to holding the post of the Manager and controlling the society. One claim is put forward by the appellant who is uncle of the private respondent and who started the Society by donating his land thereto. He was and is still a bachelor. The private respondent i.e. the nephew put, forward a case that the uncle had resigned on 28.1.2001 and upon such resignation the balance period was filled by the nephew himself in. managerial capacity and thereafter election took place and he has been elected Manager.
(3.) This dispute was forwarded, quite correctly and in accordance with law to the prescribed authority who gave a decision total in favour of the appellant i.e. the uncle holding that the case of the resignation of the uncle is not proved and has no legs to stand upon this decision was challenged by the respondent in the said writ of 2003 bearing No. 47176; there was no interim order in aid of the writ. By the order under appeal, the said writ has been dismissed as being without substance. His Lordship has said that disputed questions of fact like the one raised in the writ could only be the matter of a civil suit.;