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Madras High CourtCRP/1774/2019dismissed as withdrawal

The Pastor Cum Chairman v. Victor Kubendran

2019-05-22Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.05.2019

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU C.R.P. (PD) No. 1774 of 2019 and C.M.P. Nos. 11515 & 11517 of 2019 The Pastor cum Chairman Arcot Lutheran Church, Christ Jesus Church, 165, Broadway, Chennai - 605 108.

... Petitioner/Second Defendant -vs1. Victor Kubendran ... First Respondent/Plaintiff

2. The Secretary, Church Board, Arcot Lutheran Church Having its Central Office at No.9, ALC Campus, Cuddalore - 607 001. ... Second Respondent/First Respondent

3. The Secretary, The Arcot Lutheran Church, Christ Jesus Church, 165, Broadway, Chennai - 605 108.

4. The Treasurer, The Arcot Lutheran Church, Christ Jesus Church, 165, Broadway, Chennai - 605 108. ...Third and Fourth Respondents/ Third and Fourth Respondents

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to strike off the plaint in O.S. No. 2838 of 2019 pending on the file of the XIV Assistant City Civil Court at Madras.

For Petitioner :

Mr. R. Sreedhar For Respondents :

Ms. Avinash Wadhwani (For R1) Ms. Aishwariya S. Netha (For R2)

O R D E R

When the matter is called during the vacation sitting of this Court today, the Learned Counsel for the Petitioner seeks permission of this Court to withdraw this Civil Revision Petition and has made an endorsement stating as follows:- "The C.R.P. may be permitted to be withdrawn as 37 members of Broadway is included in the Church Board election."

The Learned Counsel for the First Respondent disputes the correctness of the claim of including members in the Church Board election. It is made clear that no views are expressed by this Court on the factual submission made by the Learned Counsel for the respective parties.

2.

Accordingly, the Civil Revision Petition is dismissed as withdrawn. Consequently, the connected Miscellaneous Petitions are closed. No costs.

22.05.2019 maya/vjt Index : Yes/No Note: Issue order copy by 27.05.2019.

To

1. The Secretary, Church Board, Arcot Lutheran Church Having its Central Office at No.9, ALC Campus, Cuddalore - 607 001.

2. The Secretary, The Arcot Lutheran Church, Christ Jesus Church, 165, Broadway, Chennai - 605 108.

3. The Treasurer, The Arcot Lutheran Church, Christ Jesus Church, 165, Broadway, Chennai - 605 108.

4. XIV Assistant City Civil Court, Chennai.

P.D. AUDIKESAVALU, J.

maya/vjt C.R.P. (PD) No. 1774 of 2019 22.05.2019