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Madras High CourtCS/351/2021dismissed as infructuous

Robert Christopher v. The Csi Synod

2023-10-04Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 04.10.2023

CORAM

THE HON`BLE MR.JUSTICE N.SATHISH KUMAR C.S.No.351 of 2021 & O.A.No.777 of 2021 & A.No.4464 of 2021 Robert Christopher ... Plaintiff Vs

1. The CSI Synod, Rep. by its Moderator, No.5, Whites Road, Rotapettah, Chennai - 600 004.

2. The Moderator, CSI Synod, No.5, Whites Road, Royapettah, Chennai - 600 004.

3. The General Secretary, The CSI Synod, No.5, Whites Road, Royapettah, Chennai - 600 004.

4. CSI Coimbatore Diocese Rep. by its Bishop / Chairman, No.256, Race Course, Coimbatore - 641 018.

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6. Prince Calvin Member, Administrative Committee, CSI Coimbatore Diocese, No.256, Race Course, Coimbatore - 641 018.

7. Nesa Merlin Member, Administrative Committee, CSI Coimbatore Diocese, No.256, Race Course, Coimbatore - 641 018. ... Defendants Civil Suit filed under Order IV Rule 1 of the High Court O.S. Rules 1956 read with Order VII Rule 1 of Civil Procedure Code, 1908 for the following decree and judgment :

a) To pass a mandatory injunction directing the 1st to 3rd defendants to take necessary and immediate steps to conduct election for the XXXIV Session of CSI Coimbatore diocesan Council for the triennium 2019-2022. b. to pass a mandatory injunction directing the 1st to 3rd defendants to remove the disqualified persons viz., 6th and 7th defendants form the Administrative Committee appointed by the 1st and 3rd defendants through the communication M1/02/289/2021 dated 30.03.2021; 2/5

c. For declaration declaring that the minutes of the Diocesan Administrative Committee dated 19.07.2021 is null and viod. d. For cost of the suit.

For Plaintiff : Ms..Mithera Paul Kirubakaran For defendants : Mr.Adrian D Rozaric - D1 to D3 Mr.A.Imannuel - D4 to D7

J U D G M E N T

This suit has been filed to direct the defendants 1 to 3 to conduct election for the XXXIV Session of CSI Coimbatore Diocesan Council for the triennium 2019 - 2022, to remove the disqualified persons viz., 6th and 7th defendants from the Administrative Committee and for declaration that the minutes of the Diocesan Administrative Committee dated 19.07.2021 is null and void and for costs.

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2. Despite several opportunities given to the plaintiff, the plaintiff has not let in any evidence. Further, it is submitted by the learned counsel appearing for the defendants that subsequent election has also been held on 06.07.2023. Since the suit has been filed for conduct of election for teriennium 2019 - 2022 and the period is already over and subsequent election has also been conducted, nothing survives for adjudication in this Suit.

3. Accordingly, this suit is dismissed as infructuous. No costs. Consequently, the connected applications are closed. 04.10.2023 vrc Index : Yes/No Internet : Yes/No Speaking/Non-Speaking Order 4/5

N.SATHISH KUMAR, J.

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