Christ Church v. The Church Of South India

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.09.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(MD)No.1929 of 2018 and C.M.P.(MD).No.8322 of 2018 Christ Church, Ilanthope, Madurai - 625 016 through its Member of Adhoc Administration Committee, A.Stephen David Raja .. Petitioner/Petitioner/Plaintiff vs.

1.The Church of South India Trust Association (A Company registered under Indian Companies Act) Rep. by its Secretary, CSI Center, No.5, Whites Road, Chennai -5.

2.Rt.Rev.M.Joseph Bishop of CSI Madurai Ramnad Diocese, 162, East Veli Street, Madurai.

3.Rev.D.Devairakkam, Treasurer, CSI Madurai Ramnad Diocese, 162, East Veli Street, Madurai.

4.Rev.Jesu Sahayam, Director, Department of Resource Development, CSI Madurai Ramnad Diocese, 162, East Veli Street, Madurai.

.. Respondents/Respondents/ Defendants PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, against the fair and decretal dated 05.06.2018 passed in I.A.No.444 of 2018 in O.S.No.344 of 2018 on the file of the learned II-Additional Subordinate Judge, Madurai. For Petitioner : Mr.K.K.Kannan https://hcservices.ecourts.gov.in/hcservices/

ORDER

O.S.No.344 of 2018 was instituted by the revision petitioner seeking certain reliefs. In the said suit, he filed I.A.No.444 of 2018. The Court below has closed the said IA as if the petitioner's counsel himself conceded that the matter has become infructuous. Aggrieved by the same, the Civil Revision Petition has been filed.

2. This Court records the submission made by the learned counsel for the petitioner that no such concession was made before the Court below. But this Court is of the view that since the election according to the respondents is already over, no purpose will be served in keeping the IA alive.

3. In this view of the matter, the order impugned in this Civil Revision Petition is not interfered with. But then in the very nature of things, matter relating to election will have to be speedily disposed of, otherwise the suit itself become infructuous. Therefore, the Court below is directed to dispose of the suit within a period of four months from the date of receipt of a copy of this order.

4. In view of the nature of relief granted in the Civil Revision Petition, notice to the respondents is dispensed with. With this direction, this Civil Revision Petition stands disposed of. No Costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // Sub Assistant Registrar(CS-I) To 1.The II-Additional Subordinate Judge, Madurai.

+1 CC To MR.K.K.KANNAN, Advocate SR. NO. 82285 C.R.P.(MD)No.1929 of 2018 05.09.2018 PJL TR/SV/SAR-I(01.10.2018)2P 3C https://hcservices.ecourts.gov.in/hcservices/