Sri. Lingala Sanjay Kumar v. Csi Holy Trinity Church

t 3166 l

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE T.VINOD KUMAR CIVIL REVISION PETITION NOS: 3098 3't 00 3101 AND 3102 0F 2022 c.R.P.NO.3098 0F 2022:

Petition under Article 227 of lhe Constitution of lndia, against the order dated 20-12-2022 passed in l.A.No.68'1 of 2022 in CMA No. 80 of 2022 on lhe file of the Court of the ll Additional District Judge, Medchal Malkajgiri at Medchal Between:

1. Sri. Lingala Sanjay Kumar, S/o. Lingala John Wesley,

2. Smt. l. Suwarna Solomon Raj, W/o. I Solomon Raj, ...PETITIONERS/RESPONDENTS/ PETITIONERS/PLAINTIFFS (in all C.R.P.s) AND

1. CSI Holy Trinity Church, Rep.The Presbyter lncharge, Turkapally, MedchalMalkajgiri District.

2. Church of South lndia, Rep. by Dy. Moderator, CSI Center, No.5, Whites Road, Royapettah, Chennai.

3. Moderator's Commissary and B ishop-in-charge, of Medak Dioceses, Bishop in Dornakal,Dornakal Diocese.

4. Rt. Rev. K. Padma'Rao, Bishop in Dornakal,CSl Dornakal Diocese And Moderators Commissary for the Medak Dioceses ...RESPONDENTS/PETITIONERS/ DEFENDANTS11,2,11 &12 (in all C.R.P.s)

5. Church of south lndia, Rep by its DY Moderator

6. Rt. Rev. A. Dharmaraj Rasalam l\,4oderator, The Church of South lndia.

7. The Church of South lndia, Rep. its General Secretary B. Synod Executive Committee, the Church of South lndia

9. The Bishop Council, Church of South lndia.

10. Court of the Synod, the Church of South India (Defendant No.2 to 8 office at CSI Centre, No.5, Whites Road, Royapettah. Chennai-14.) - 11.The Church of South lndia, Medak Dioceses Rep by its Bishop, Rt. Rev. A.C Solomon Raj, Bishop in lVledak, CSI Diocesan Office, H.No.10-3-165, Old lancer Lane, Secunderabad-25

12. Rt. Rev. A.C Solomon Raj, Bishop in Medak, The Churt:ir of South lndia, Medak Dioct ses, CSI Diocesan Office, H.No.10-3-165, (itd lancer Lane, Secunderabi d-25 ...RESPON DEN'TS/RESPONDENTS/ DEFENDANTS 3 TO 10 (in all C.R.P.s) lA NO: 1 OF 20221 V C.R.P.NO.3098 OF 2022:

Petition undrrr Section 151 CPC praying that in the ci.ltmsitances stated in the affidavit filed i r support of the petition, the High Cou - may be pleased to Suspend the ope ation of lmpugned Docket Order dl.2c.12j2022 passed in l.A.No.6B1 of 2021 in CMA No. 80 of 2022 on the file ot tl Additional District Judge lvledchal t\ila kajgiri at Medchal, pending disposal of tl e ma n CRp c.R.P.3100 0F 201,2 Petition und :r Article 227 of the Constitution of lnc i:,against the order dated 20-12-2022 I assr:d in 1.A.No.680 of 2022 in CMA No. zl) of 2022 on the Iile of llAdditional Dist ict Judge, Medchal Malkajgiri at l\rledcha lA NO: 1 OF 2022 ir C.R.P.3100 OF 2022:

Petition undr r Section 151 CPC praying that in the ci 1).rmstances stated in the affidavit filed ir r support of the petition, the High Cou 1 may be pleased to Suspend the operlt,on of lmpugned Docket Order dl.2)..12.21022 passed in 1.A.No.680 of 2022 in Cili1A No. 79 of 2022 on the file o. I Ariditional District Judge Medchal Mal<ajgiri at Medchal, pending disposal of the, nain CRp C.R.P.NO.3101 0F 2022:

Petition under Arti< le 227 of the Constitution of lndia, ag:r r st the order dated 20.12.2022 passed in l.A.No.67B of 2022 in CMA No. 77 of ?.i,22 on the fite of the Court of the Il Addil onal District Judge Medchal Malkalgiri al rVledchal lA NO; 1 OF 2022 ir C.R.P.NO.3101 OF 2 0221 Petition undr,r Section 151 CPC praying that in the cir r;r.rmstances stated in the affidavit filed ir support of the petition, the High Court rna1, be pleased to Suspend the oper rtion of lmpugned Docket Order dt.z0 12.2022 passed tn 1.A.No.678 o'f 2022 in CMA No. 77 of 2022 on the file of I trdd. District Judqe Medchal Malkajgiri rrt lvledchal, pending disposal of the main rl Rp c.R.P.NO.3102 0F 2022:

Petition under Artic e 227 ot the constitution of India, ag? inst the order dated 20.12.2022 passed n 1.A.No.679 of 2022 in clMA No.78 of i0)2(\n the file of the Court of the Il Addit :nal District Judge tVedchal Malkajgiri at lvledc:hal

lA NO: 1 OF 2022 in C.R.P.NO.3102OF 2022:

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Suspend the operation of lmpugned Docket Order d1.20J2.2022 passed in 1.A.No.679 of 2022 in CMA No. 78 of 2022 on the file of ll Addl. District Judge Medchal Malkajgiri at lVledchal, pending disposal of the main CRP Counsel for the Petitioner Sri P. Venu Gopal, Senior Counsel in all CRP's : On Behalf of Sri Akkam Eshwar, Advocate Counsel for the Respondents 1&2 Sri J. Prabhakar, Senior Counsel in all CRP'S : On Behalf of Smt. D.V. Padmaja, Advocate Counsel for the Respondents 3&4 Sri L. Ravichander, Senior Counsel in all CRP'S : On Behalf of Sri A.Srinivas, Advocate Counsel for the Respondents 5 to 12 ln all CRP's : None Appeared The Court made the following: COMMON ORDER

THT HON'BLE SRI JUSTICE T. VTNOD KUI4AR Civil Revisi)n Petition Nos.3098, 3100, 3101 and 31o?__of 2922 COMMON ORI'ER:

All the!e Civil Revision Petitions are filed aggrieved by the Docket Orders dt.20.L2.2022 passed in LA.Nos.6B1, 6g(t, 579 and 678 of 2022 in C.M.A.Nos.8l, 79,78 and 77, respectively, or the file of the II Additional ttistrict Judge, Medchal-Malkajgiri at Med,:lr,:1, whereby, the learned II Additional District Judge suspended the Docket Orders dt.t4.12.2022 passed in I.A.Nos.238, 239, 240 and 211. of 2022 in O.S.No.247 of 2022 on the file of the Additionai Senirlr Civil Judge, Medchal, whe eby the learned Additional Senior Civ I Judge, vide Docket Orders dt.14.L2.2022, granted ex pafte ad interinr njurrction, in an application filed under Order 39 Rules 1 and 2 of thr: Code of Civil Procedure, 19( 8, for grant of ad interim injunction. till tlr: next date of hearing i.e. tll 31.12.2022.

2.

Heard Sri P.Venu Gopal, learned Senior Counsel, appearing on behalf of Sri A<kam Eshwar, learned counsel for the pe titioners in all the CRPs; Sri J Prabhakar, learned Senior Counsel, appe;ring on behalf of Smt.D.V.Pac maja, learned counsel for respondent No:;. i and 2; and Sri L.Ravi Char der, learned Senior Counsel, appearing o r behalf of Sri A.Srinivas, learned counsel for respondent Nos.3 and z and perused the record.

3. The petitioners herein are the plaintitfs in the suit and respondent Nos.1 and 2 in the above CMAs before the learned II Addltional District Judge, Medchal-Malkajgiri District at Medchal. The petitioners as plaintiffs in the suit obtained an order of ad interim injunction directing respondents/defendant Nos.2 to 7, to permit respondent No.10 to participate in the forthcoming Synod Executive Meeting, Bishops Councils Meeting and Ordinary Session of Synod Council and meetings conducted to various Boards of the CSI Synod till the next date of hearing.

4.

The case of the petitioners herein before the trial Court was that respondent N0.10 was suspended by the charge of respondent No.2 herein by proceedings dt.29.t1.2022 and the petitioners, being the Pastorate Committee Members of respondent No.1, aggrieved by the said proceedings of respondent No.2, flled the suit for declaration and consequential injunction. Along with the suit, they had filed LAs. for grant of ad interim injunction, which were ordered by the learned Additional Senior Civil Judge, Medchal, vide Docket Orders dt.t4.12.2022.

5.

Though the learned Additional Senior Civil Judge recorded a flnding for granting ad interim injunction, the respondents/defendants in the I.A./suit preferred appeals under Order 43 Rule 1 CpC aggrieved by the ex parte ad interim injunction before the II Additional District

and Sessions Jtdge, Medchal-Malkajgiri District at Medclr,a, and filed the subject I.A. i for suspension of operation of the ex ,tarfe Docket Orders dt.l4.l2 2022.

6.

The learred II Additional District Judge, Medcral-Malkajgiri District at Medc ral, by taking note of the submissions partir:ularly with regard to lack o jurisdiction as well as locus standi oF the petitioners in the I.As., susp€1ded the said Docket Orders of the Addtional Senior Civil Judge, Mecchal, by Docket Orders dt.20.12.2022 anc directed the parties to get re ady in the main I.As before the Additionrrl :;enior Civil Judge, Medchal, which stands posted to 31.12.2022. Agg'ieved by the said Docket Ord,lrs, the present revisions are filed. 7.

A perusal of the plaint as well as the Docket Orders passed by the Court belou, viz., both the Court of first instance a:; well as the \ t appeltate Court the Docket Orders of the Court of li':it instance indicate that the Court has not looked into the aspect of nraintarnability of the suit filed lry the plaintiffs, since they are not aggrievecl parties by virtue of the pn,ceedings dt.29.I7.2022 issued by the 2n( respondent, and had proceeJed to grant interim injunction. The app,ellate Court, however, takin( note of the same, suspended the Docket Orders dt.14.L2.2022 ard directed the pafties to appear before the Court of first instance on 31.12.2022 for consideration of the main .ll i ,

'.

t B.

Since the appellate Courr suspended rhe Docket Orders direCting the parties to appear before the Couft of the first instance on 3L.72.2022, whereat Additional Senior Civil Judge was directed to consider the I.As. filed in O.S.No.247 of 2022, this Court is of the considered view that no ground is made out to exercise supervisory jurisdiction under Articre 227 0f the constitution of India. However, the II Additionar Senior civir ludge is directed to consider the I.As fired in O.S.No.247 of 2022, on its own the merits, without being influenced by the observations made in the present C.R.ps.

9.

Accordingly, these Civil Revision petitions are without merit and are accordingly dismissed.

10. Consequently, pending miscellaneous petitions, if any, shall stand closed. No order as to costs.

I Sd/. R. KARTHIKE ASSISTANT REGI R ,TRUE COPY'

SECTION FFICER To, The ll Additional District Judge, Medchat Malkajgiri at t\/edchat One CC to Sri Akkam Eshwar, Advocate tOpUCl One CC to Sri D Venkata Padmaja, Advocate tOpUCl Two CD Copies 1.

2.

,l plp kam rl

HIGH COUFT TVK,J DATED:3011212022 ( fr. IHE S I,( ( '5'

iJl)t /6 \f, \3n\- COMMON ORDER CRP.No.309l, 3100, 3101 AND 31 0?. OF ;t1lr-2 DlSMISSING THE ALL CRP'S WITHOUT CI)STS L (n l, V \)\)'\L) i '

I I