Faith Gospel Foundation Church v. Faith Gospel Foundation
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2017
CORAM:
THE HONOURABLE MS.JUSTICE V.M. VELUMANI CRP (MD).No. 2309 of 2016 and CMP(MD).No.10632 of 2016 1.Faith Gospel Foundation Church of Jamaica W1, A Society Registered under Society Registration Act as Registration No.37/1998) through its President Mr.Deva Asirwatham, No 11/60 Gopal Nagar, Agasthiyarpatti, Ambasamudram Taluk, Tirunelveli District.
2.P. Devasirvatham 3.LaithaBai (petitioners 2 and 3 for themselves and on behalf of the Members of the Society) : Petitioners/ Respondent 1 to 3 Vs.
1.Faith Gospel Foundation Church of Jamaica W1, rep. by its Founders Trustees Mr. Eugene Heacock, rep. by his power Agent Mr.D.Thompson 2.Pastor Anbil Gomathinathan @ Paul Issac 3.Eugene Heacok (respondents 1 to 3 for themselves and on behalf of beneficiries of the Trust) 4.T.Muthuselvi 5.S.Christopher 6.F.Maria Sebastian 7.M.Maria Pon Nesam 8.M.Merlin Benet Latnika 9.Thatedu Madudaiyan 10.A.Kovil Pitchai
11.I.Nagarajan 12.K.Stella Selvarani 13.S.Mini Juliyal 14.P.Sundarapaul 15.P.Amutha Panner 16.K.P.Emi Helen 17.F.Delma Benet 18.M.Selvi Bai 19.Pastor T.Dhanapaul 20.Pastor Francis : Respondents Prayer: These Civil Revision Petition is filed under Article 227 of the Constitution of India against the fair and decreetal order dated 13.07.2015 passed in Tr.O.P.No.195 of 2014 on the file of the Principal District Judge, Thirunelveli.
For Petitioners : Mr. S.S. Thesigan For Respondent No.1 : Mr. S. Subbiah
ORDER
This Civil Revision Petition is filed against the fair and decreetal order dated 13.07.2015, passed in Tr.O.P.No.195 of 2014 on the file of the learnd Principal District Judge, Thirunelveli.
2. The petitioners are defendants in O.S.No.125 of 2008 re-numbered as O.S.No.58 of 2010 (herein after referred as O.S.No.58 of 2010) on the file of the III Additional District Judge, Thirunelveli. The respondents 1 to 3 along with two others filed O.S.No.58 of 2010 for declaration and injunction and for framing of scheme by Court, with regard to Administration of the first respondent's Society and 15 others. The petitioners herein filed written statement. By way of Administrative orders, the said suit was transferred to Sub Court, Ambasamuthiram.
3. According to the petitioners, the said suit is not taken up for hearing for the past three years, before the Sub Court, Ambasamuthiram. Subsequently, the respondents 1 to 3 filed Transfer O.P.No.195 of 2014 on the file of the Principal District Court, Thirunelveli, to withdraw and transfer O.S.No.58 of 2010 on the file of the Sub Court, Ambasamudhiram to the file of the District Court, Thirunelveli. The learned Principal District Judge, Thirunelveli allowed the Transfer O.P by order dated, 13.07.2015 and transferred the O.S.No.58 of 2010 to the file of the III Additional District Court, Thirunelveli.
4. Against the said order, present Civil Revision Petition has been filed.
5. When the matter was taken up for hearing the learned counsel appearing for the petitioners as well as first respondent submitted that a direction may be issued to the III Additional District Court, Thirunelveli for speedy disposal of suit.
6. In view of said submission made by the learned counsels appearing on either side, the Civil Revision Petition is disposed of, directing the learned III Additional District Judge, Thirunelveli to dispose the suit in O.S.No.58 of 2010 pending on in its file, as expeditiously as possible in any event not later than 30th April 2017. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To The III Additional District Judge, Thirunelveli.
+1cc to Mr.S.Subbiah ,Advocate, SR.No.6766 CRP (MD).No. 2309 of 2016 and CMP(MD).No.10632 of 2016 07.02.2017 trp MKV-PM-SAR 1/13.2.2017/3P-3C