The Tamil Baptist Church Kilpauk By Its Chairman Rev. Augustine Moses v. D'Cruz Solomon

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.06.2023

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA In C.S.No.633 of 2004 The Tamil Baptist Church, Kilpauk by its Chairman Rev. Augustine Moses ... Plaintiff Vs.

1.D'Cruz Solomon 2.P.Rajamani 3.Victor Swaminathan 4.Madras Chingleput Tamil (Strict) Baptist Society 5.Madras and Chingleput Tamil Baptist Synod ... Defendants In C.S.No.635 of 2004 Tamil Baptist Mission Elementary School, rep by Mrs.Chandra Leela Paul, Headmistress and Correspondent ... Plaintiff Vs.

1.Madras & Chinglepet Tamil (Strict) Baptist Trust Society 2.D'Cruz Solomon ... Defendants In C.S.No.636 of 2004 Madras and Chengleput Tamil (Strict) Baptist Trust Society, Rep by its Treasurer Mr.C.V.Saminathan ... Plaintiff Vs.

1.Samuel Devanesan 2.Devavaram Williams 3.Paul Jeyaraj 4.Benjamin 5.Chandra Leela Paul ... Defendants In C.S.No.637 of 2004 The Tamil Baptist Church rep by its Secretary Mr.D.Williams, Kilpauk, Madras 600 010.

... Plaintiff Vs.

The Madras and Chingleput Tamil Baptist (Strict) Trust Society by its Secretary D.Jachene Solomon.

... Defendant Prayer in C.S.No.633 of 2004: Plaint filed under Order VII Rule 1 of C.P.C., a) to declare the defendants 1 to 3 are not the duly elected office bearers of the fourth defendant society;

b) to grant a consequential permanent injunction restraining the defendants 1 to 3 from collecting rents and profits or in any other manner purporting to manage the affairs of the fourth defendant society; c) directing the defendants 1 to 3 to render a true and proper account of the funds of the fourth defendant society for the period of their management;

d) for an injunction restraining the defendants from in any manner interfering with the functioning of the Tamil Baptist Church and institutions under the management such as the TBM Elementary School and the Church Home and the Kilpauk Tamil Baptist Society run under the auspicious of the first plaintiff and the premises of the Church complex of the plaintiff; e) restrain by permanent injunction the 5th defendant from collecting any rents or profits from the suit properties or in any manner interfering with the management thereof;

f) directing the defendants to pay the costs of the suit. Prayer in C.S.No.635 of 2004: Plaint filed under Order VII Rule 1 of C.P.C., a) for a permanent injunction restraining the defendants, their men and agents, servants and others acting on their behalf from in any manner disturbing their possession and enjoyment of the school premises and interferes with the management and functioning of the same at Medavakkam Tank Road, Kilpauk and Madras 10.

b) for costs of the suit;

Prayer in C.S.No.636 of 2004: Plaint filed under Order VII Rule 1 of C.P.C., a) Preventing them, their men, agents and servants and others from erecting, constructing and putting up sheds in the suit property and thereby interfering with the plaintiff's peaceful possession and enjoyment of the suit property.

b) to direct the defendants to pay the cost of the suit. Prayer in C.S.No.637 of 2004: Plaint filed under Order VII Rule 1 of C.P.C., a) declaring that the defendant, his representatives, agents or servants on behalf of them have no right to hold any meeting in the church properties situated at No.91, Medavakkam Tank Road, Kilpauk, Madras 10. b) Consequential permanent injunction restraining the defendant, his representatives, agents or servants on behalf of them from holding any meeting or any gathering in the plaintiff premises mentioned in schedule hereunder;

c) for the costs of the suit.

In all C.S.

For Plaintiff : No representation For Defendants : No representation

COMMON JUDGMENT When the matters were taken up for hearing on 19.06.2023, there was no representation for the plaintiff as well as the defendants. Therefore, the case has been posted on 30.06.2023, under the caption "for dismissal". Even today, when the matter was taken up for hearing, there was no representation for the plaintiff and the defendants in all the suits.

2. Therefore, these Civil Suits are dismissed for default. No costs. 30.06.2023 Index : yes / no Internet : yes / no gsk

R.N.MANJULA,J.

gsk 30.06.2023