Athisayaraj v. The Pastor Cum Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.12.2022
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN CRP.No.2190 of 2019 and CMP.No.14117 of 2019 Athisayaraj ..Petitioner Vs.
1.The Pastor cum Chairman, Arcot Lutheran Church, Carmel Church, Tiruvannamalai.
2.The Secretary, Arcot Lutheran Church, Carmel Church, Tiruvannamalai.
3.Hubert Dhanasundaram 4.Deivaneethi 5.Aanandbaskaran 6.V.Jacob Ebenesar 7.Rajkumar Thambu 8.Selvi Mery Latha 9.V.Jenci Devasena 10.Yesu Devadas 11.T.R.Peter Kirubakaran 12.S.Alice Vinolia ..Respondents Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the docket order dated 18.06.2019 passed in I.A.No.668 of 2019 in 1/4
O.S.No.81 of 2019 on the file of the Principal District Munsif, Tiruvannamalai. For Petitioner : Ms.Hemapriya For Respondents For R1 to 12 : Mr.M.Mahonar for Mr.R.Rajarajan
ORDER
The civil revision petition has been filed as against the docket order dated 18.06.2019 passed in I.A.No.668 of 2019 in O.S.No.81 of 2019 on the file of the Principal District Munsif, Tiruvannamalai, thereby ordering notice in the interim injunction application.
2. The petitioner is the plaintiff. He filed a suit for declaration declaring that the election as null and void held on 27.04.2019 by the respondents. Along with the suit, the petitioner also filed an application for interim injunction restraining the respondents 3 to 12 to function as a pastoral committee member of Arcot Luthran Church, Carmel Church, Tiruvannamalai and till the disposal of the suit.
3. The Court below, after hearing the petitioner, ordered notice to the respondents. Thereafter, adjourned the matter on three occasions for filing counter affidavit. On 18.06.2019, the third respondent filed counter affidavit and 2/4
the same was adopted by the other respondents and adjourned the application to 18.07.2019 for encquiry. Therefore, this Court finds no infirmity or illegality in the proceedings of the trial Court.
4. Accordingly, the civil revision petition stands dismissed. However, the trial Court is directed to dispose of the main suit within a period of six months from the date of receipt of a copy of this order, if not already disposed of. No costs. Consequently, connected miscellaneous petition is closed. 09.12.2022 Speaking/Non-speaking order Index : Yes/No ata To The I Additional District Munsif, Salem.
G.K.ILANTHIRAIYAN.
J, 3/4
ata CRP.No.2190 of 2019 09.12.2022 4/4