Madras High CourtAS(MD)/100/2020dismissed

G.Prabakaran v. Rev.J.Chelladurai,

2021-07-12Honourable Mr Justice M. Govindaraj3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twelfth day of July Two Thousand and Twenty One PRESENT The Hon'ble Mr.Justice M.GOVINDARAJ 1.G.Prabhakaran 2.S.Martin Devaraj 3.S.R.Andrews Ruben ...Appellants/Respondents 1 to 3/ Plaintiffs Vs 1.Rev.J.Chella Durai 2.D.Wilfred Daniel

...Respondents1&2/Petitioners 1&2/

Defendants 3 & 8 3.The Bishop/President Tamil Evangelical Lutheran Curch Tiruchirapalli.

Having Office at Post Box No.86, TELC Central Office, Tranquebar House, Tiruchirapalli-1.

4.Church Council, Tamil Evangelical Lutheran Church Tiruchirapalli, Represented by its Secretary, Having office at Post Box No.86, TELC Central Office, Tranquebar House, Tiruchirapalli-1.

5.Rev.J.Jacob Sundar Singh 6.Rev.S.Samuel Abraham 7.R.Benjamin Jeyaraj 8.A.Mehar Antony 9.K.Albert Inbaraj 10.D.Thanga Pazham 11.P.M.Baskaran Respondents3to11/Respondents4to11/ Defendants 1,2,4 to 7 and 9 to 11 1/3

Prayer:- First Appeal filed under Section 96 r/w order 41 Rule 1 of Cvil Procedure Code, against the judgment and decree passed in I.A.No.04 of 2019 filed under Order VII Rule 11 CPC to reject the plaint in O.S.No.212 of 2019 on the file of learned First Additional District Judge (PCR),Tiruchirapalli, dated 23/01/2020 (Filed under Section 96 Order XLI Rule 1) DECREE:- This Appeal having come up for hearing on Monday the Twenty Third day of November Two Thousand and Twenty, upon perusing the grounds of Appeal, the order of the lower court and the material papers to the Appeal and upon hearing the arguments of, Mr.Isaac Mohanlal, Senior Counsel for Ms.K.R.Shiva Shankari, Advocate for the Appellants and of Mr.P.Arun Jayatram, Advocate for the Respondents 1 and 2 and of Mr.R.Baskaran, Advocate for the 3rd Respondent and of Mr.T.

Lajapathi Roy, Advocate for the 8th Respondent and of Mr.Duraikkan S.

(1) That the judgment and decree passed in I.A.No.04 of 2019 to reject the plaint in O.S.No.212 of 2019 on the file of learned First Additional District Judge (PCR), Tiruchirapalli, dated 23/01/2020 be and hereby is confirmed;, and

(2) that there be no order as to costs in this Appeal Suit. Sd/- Assistant Registrar(CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) TO The First Additional District Judge, (PCR), Tiruchirapalli.

Copy to The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai(2 copies) 2/3

+1CC to Ms.K.R.Shiva Shankar, Advocate in S.R.No.22452 +1CC to Mr.Duraikan S.Philip, Advocate in S.R.No.22213 +1CC to Mr.T.Lajapathi Roy, Advocate in S.R.No.22216 ORDER DATED : 12/07/2021 ========================== DECREE ========================== While Dismissing this Appeal as against the judgment and decree passed in I.A.No.04 of 2019 filed under Order VII Rule 11 CPC to reject the plaint in O.S.No.212 of 2019 on the file of learned First Additional District Judge (PCR), Tiruchirapalli, dated 23/01/2020 etc., as stated within KMV(CO) TR(13.12.2021) 3P 7C 3/3