- (1.) This writ petition under Article 227 of the Constitution of India has been preferred claiming the following reliefs: "i. Quash and set aside the observation made by the learned Additional District and Session Judge No.1, Udaipur that relief seeking injunction in holding of General Meeting is barred by law while passing the order dated 17.01.2018 (Ann.4) as well as the observation that suit is maintainable only to the extent of specific performance of contract. ii. The cost of the litigation may kindly be awarded to the petitioner. Iii. Any other appropriate relief, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also be granted to the Appellant."
(2.) The impugned order dated 17.01.2018 is a rejection order of the applications preferred by the respondents under Order 7 Rule 11 CPC.
(3.) Learned counsel for the petitioner fairly admitted that once the applications, as above, are dismissed, there was no requirement to challenge the impugned order. But since the impugned order carried certain observations on merits of the suit, therefore, the petitioner had no other option, but to approach this Court challenging the impugned order.;