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Judgment
Vivek Singh Thakur, J
Instant petition has been preferred against order dated 27.1.2022 (Annexure P-6) passed by the Registrar of Societies, Himachal Pradesh, in an
application filed by respondent No.3 in Revision Petition No. 114 of 2021 pending adjudication before him, whereby resolution dated 24.1.2022 passed
by respondent No. 4 Society has been quashed and set aside, but, without issuing notice to other parties i.e. respondents in Revision Petition No. 114
of 2021, after preponing the case, which was fixed for 25.2.2022 for orders in main petition.
2 Further prayer in the writ petition is for seeking direction to respondent No.2 Registrar to decide the main matter (Revision Petition No. 114/2021)
on merits without commenting upon resolution of Society dated 24.1.2022 (Anneuxre P-7) claiming that the said resolution is the implementation of
order dated 10.7.2019 passed by the Arbitrator (Anneuxre P-1) which has been affirmed by Assistant Registrar vide order dated 30.11.2021 which
are in existence and have neither been stayed nor set aside by any competent authority including Registrar.
3 Learned counsel for contesting respondent No.3 submits that no reply is intended to be filed to the writ petition and he has prayed for deciding the
present petition by allowing the prayer of petitioner with direction to Registrar to decide the main matter finally by passing an appropriate order on
25.2.2022 the date already fixed for passing the order on merits in Revision Petition No. 114 of 2021.
4 It is submitted by learned counsel for petitioner as well as respondent No.3 that contesting parties in present petition are petitioner and respondent
No.3 and resolution passed by respondent No.4 has been quashed by Registrar vide impugned order dated 27.1.2022 and on quashing of the said order
respondent No. 4 is not going to be affected in any manner as thereon, the resolution passed by respondent No.4 shall be revived and validity of which
shall be adjudicated and decided by Registrar afresh either independently or along with main petition and therefore, presence/service of respondent
No.4 in present writ petition is not necessary.
5 Admittedly, order dated 27.1.2022 has been passed by Registrar without issuing any notice to either party other than respondent No.3 and without
giving an opportunity to file reply to application filed by respondent No.3. It is also an undisputed fact that there was no interim stay operating against
the orders dated 10.7.2019 and 30.11.2021 (Annexures P-1 and P-2) impugned in revision petition No. 114 of 2021.
6 In aforesaid facts and circumstances and submissions made by learned counsel for parties, order dated 27.1.2022 passed in an application filed
under Section 151 Code Of Civil Procedure, 1908 — Section
by respondent No.3, (Annexure P-6) is quashed and set aside with
direction to parties/non-applicants therein to file reply to the said application on or before 22nd February, 2022 before the Registrar, failing which it
shall be construed that no reply is intended to be filed by them to said application. Thereafter, the said application shall be taken up for consideration by
the Registrar along with main matter on 25.2.2022 and shall be decided along with main matter on the said date or any subsequent date thereafter. In
case if it is not possible to decide Revision Petition No. 114 of 2021 on 25.2.2022 then Registrar shall pass an appropriate order in the application filed
by respondent No.3 under Section 151 CPC.
The petition along with pending miscellaneous application is disposed of in aforesaid terms.