CRP/3102/2022 of Sri. Lingala Sanjay Kumar Vs CSI Holy Trinity Church on 30 December 2022

1. Sri. Lingala Sanjay Kumar, S/o. Lingala John Wesley,

2. Smt. l. Suwarna Solomon Raj, W/o. I Solomon Raj,

...PETITIONERS/RESPONDENTS/PETITIONERS/PLAINTIFFS(in all C.R.P.s)

AND

1. CSI Holy Trinity Church, Rep.The Presbyter lncharge, Turkapally, Medchal-Malkajgiri District.Malkajgiri District.

2. Church of South lndia, Rep. by Dy. Moderator, CSI Center, No.5, WhitesRoad, Royapettah, Chennai.Road, Royapettah, Chennai.

3. Moderator's Commissary and B ishop-in-charge, of Medak Dioceses, Bishop inDornakal,Dornakal Diocese.Dornakal,Dornakal Diocese.

4. Rt. Rev. K. Padma'Rao, Bishop in Dornakal,CSl Dornakal Diocese AndModerators Commissary for the Medak DiocesesModerators Commissary for the Medak Dioceses

...RESPONDENTS/PETITIONERS/DEFENDANTS11,2,11 &12(in all C.R.P.s)

5. Church of south lndia, Rep by its DY Moderator

6. Rt. Rev. A. Dharmaraj Rasalam l\,4oderator, The Church of South lndia.

7. The Church of South lndia, Rep. its General Secretary

B. Synod Executive Committee, the Church of South lndia

9. The Bishop Council, Church of South lndia.

10. Court of the Synod, the Church of South India (Defendant No.2 to 8 office atCSI Centre, No.5, Whites Road, Royapettah. Chennai-14.)CSI Centre, No.5, Whites Road, Royapettah. Chennai-14.)

11. The Churchof South lndia, Medak Dioceses Rep by its Bishop, Rt. Rev. A.CSolomon Raj, Bishop in lVledak, CSI Diocesan Office, H.No.10-3-165, Oldlancer Lane, Secunderabad-25Solomon Raj, Bishop in lVledak, CSI Diocesan Office, H.No.10-3-165, Oldlancer Lane, Secunderabad-25

12. Rt. Rev. A.C Solomon Raj, Bishop in Medak, The Churt:ir of South lndia,Medak Dioct ses, CSI Diocesan Office, H.No.10-3-165, [(itd ]lancer Lane,Secunderabi d-25Medak Dioct ses, CSI Diocesan Office, H.No.10-3-165, [(itd ]lancer Lane,Secunderabi d-25

...RESPON DEN'TS/RESPONDENTS/DEFENDANTS 3 TO 10(in all C.R.P.s)

lA NO: 1 OF 20221 V C.R.P.NO.3098 OF 2022:

Petition undrrr Section 151 CPC praying that in the ci.ltmsitances stated inthe affidavit filed i r support of the petition, the High Cou [- ]may be pleased toSuspend the ope ation of lmpugned Docket Order dl.2c.12j2022 passed inl.A.No.6B1 of 2021 in CMA No. 80 of 2022 on the file ot tl Additional DistrictJudge lvledchal t\ila kajgiri at Medchal, pending disposal of tl e ma n CRp

c.R.P.3100 0F 201,2

Petition und :r Article 227 of the Constitution of lnc i:,against the orderdated 20-12-2022 I assr:d in 1.A.No.680 of 2022 in CMA No. [zl) ]of 2022 on the Iileof llAdditional Dist ict Judge, Medchal Malkajgiri at l\rledcha lA NO: 1 OF 2022 ir C.R.P.3100 OF 2022:

Petition undr r Section 151 CPC praying that in the ci 1).rmstances stated inthe affidavit filed ir r support of the petition, the High Cou 1 may be pleased toSuspend the operlt,on of lmpugned Docket Order dl.2)..12.21022 passed in1.A.No.680 of 2022 in Cili1A No. 79 of 2022 on the file o. I Ariditional DistrictJudge Medchal Mal<ajgiri at Medchal, pending disposal of the, nain CRp

C.R.P.NO.3101 0F 2022:

Petition under Arti< le 227 of the Constitution of lndia, ag:r r st the order dated20.12.2022 passed in l.A.No.67B of 2022 in CMA No. 77 of ?.i,22 on the fite of theCourt of the Il Addil onal District Judge Medchal Malkalgiri al rVledchal20.12.2022 passed in l.A.No.67B of 2022 in CMA No. 77 of ?.i,22 on the fite of theCourt of the Il Addil onal District Judge Medchal Malkalgiri al rVledchal

lA NO; 1 OF 2022 ir C.R.P.NO.3101 OF 2 0221

Petition undr,r Section 151 CPC praying that in the cir r;r.rmstances stated inthe affidavit filed ir support of the petition, the High Court rna1, be pleased toSuspend the oper rtion of lmpugned Docket Order dt.z0 12.2022 passed tn1.A.No.678 o'f 2022 in CMA No. 77 of 2022 on the file of I trdd. District JudqeMedchal Malkajgiri rrt lvledchal, pending disposal of the main rl Rp

c.R.P.NO.3102 0F 2022:

Petition under Artic e 227 ot the constitution of India, ag? inst the order dated20.12.2022 passed n 1.A.No.679 of 2022 in clMA No.78 of i0)2(\n the file of theCourt of the Il Addit :nal District Judge tVedchal Malkajgiri at lvledc:hal lA NO: 1 OF 2022 in C.R.P.NO.3102OF 2022:

Petition under Section 151 CPC praying that in the circumstances stated inthe affidavit filed in support of the [petition, ]the High Court may be [pleased ]toSuspend the operation of lmpugned Docket Order d1.20J2.2022 passed in1.A.No.679 of 2022 in CMA No. 78 of 2022 on the file of ll Addl. District JudgeMedchal Malkajgiri at lVledchal, pending disposal of the main CRP

Counsel for the Petitioner Sri P. Venu Gopal, Senior Counselin all CRP's : On Behalf of Sri Akkam Eshwar, AdvocateOn Behalf of Sri Akkam Eshwar, Advocateof Sri Akkam Eshwar, AdvocateSri Akkam Eshwar, Advocate : On Behalf of Sri Akkam Eshwar, AdvocateOn Behalf of Sri Akkam Eshwar, Advocateof Sri Akkam Eshwar, AdvocateSri Akkam Eshwar, Advocate Counsel for the Respondents 1&2 Sri J. Prabhakar, Senior Counsel : On Behalf of Smt. D.V. Padmaja, Advocate in all CRP'S

Counsel for the Respondents 3&4 Sri L. Ravichander, Senior Counselin all CRP'S : On Behalf of Sri A.Srinivas, Advocate Counsel for the Respondents 5 to 12ln all CRP's : None Appeared The Court made the following: COMMON ORDER

THT HON'BLE SRI JUSTICE T. VTNOD KUI4ARCivil Revisi)n Petition Nos.3098, 3100, 3101 and 31o?__of 2922COMMON [ORI'ER:]

All the!e Civil Revision Petitions are filed aggrieved by theDocket Orders [dt.20.L2.2022 ][passed ][in ][LA.Nos.6B1, ]6g(t, 579 and 678of 2022 [in ][C.M.A.Nos.8l, ][79,78 ][and ][77, ][respectively, ]or the file of theII Additional [ttistrict ][Judge, ][Medchal-Malkajgiri ]at [Med,:lr,:1, ]whereby,the learned II [Additional District ]Judge suspended the Docket Ordersdt.t4.12.2022 [passed ]in I.A.Nos.238, 239, 240 and 211. of 2022 inO.S.No.247 of [2022 ]on [the ][file ]of the Additionai Senirlr Civil Judge,Medchal, [whe ]eby the learned Additional Senior Civ I Judge, videDocket Orders dt.14.L2.2022, [granted ]ex [pafte ]ad interinr njurrction, inan application [filed ]under Order 39 Rules 1 and 2 of thr: Code of CivilProcedure, [19( ]8, for [grant ]of ad interim injunction. till tlr: next date ofhearing i.e. tll 31.12.2022.2. Heard Sri P.Venu Gopal, learned Senior Counsel, appearing onbehalf of Sri A<kam Eshwar, learned counsel for the pe titioners in allthe CRPs; Sri J Prabhakar, learned Senior Counsel, appe;ring on behalfof Smt.D.V.Pac maja, learned counsel for respondent No:;. i and 2; andSri L.Ravi Char der, learned Senior Counsel, appearing o r behalf of SriA.Srinivas, learned counsel for respondent Nos.3 and z and perusedthe record.

3. The petitioners herein are the plaintitfs in the suit andrespondent Nos.1 and 2 in the above CMAs before the learned IIAddltional District Judge, Medchal-Malkajgiri District at Medchal. Thepetitioners as plaintiffs in the suit obtained an order of ad interiminjunction directing respondents/defendant Nos.2 to 7, to permitrespondent No.10 to participate in the forthcoming Synod ExecutiveMeeting, Bishops Councils Meeting and Ordinary Session of SynodCouncil and meetings conducted to various Boards of the CSI Synod tillthe next date of hearing.

4. The case of the petitioners herein before the trial Court was thatrespondent N0.10 was suspended by the charge of respondent No.2herein by proceedings dt.29.t1.2022 and the petitioners, being thePastorate Committee Members of respondent No.1, aggrieved by thesaid proceedings of respondent No.2, flled the suit for declaration andconsequential injunction. Along with the suit, they had filed LAs. forgrant of ad interim injunction, which were ordered by the learnedAdditional Senior Civil Judge, Medchal, vide Docket Ordersdt.t4.12.2022.

5. Though the learned Additional Senior Civil Judge recorded aflnding for granting ad interim injunction, the respondents/defendantsin the I.A./suit preferred appeals under Order 43 Rule 1 CpC aggrievedby the ex parte ad interim injunction before the II Additional District and Sessions Jtdge, Medchal-Malkajgiri District at Medclr,a, and filedthe subject I.A. i for suspension of operation of the ex ,tarfe DocketOrders dt.l4.l2 2022.6. The learred II Additional District Judge, Medcral-MalkajgiriDistrict at Medc ral, by taking note of the submissions [partir:ularly ]withregard to lack o [jurisdiction ]as well as locus standi oF the [petitioners ]inthe I.As., susp€1ded the said Docket Orders of the Addtional SeniorCivil Judge, Mecchal, by Docket Orders dt.20.12.2022 anc directed theparties to get re ady in the main I.As before the Additionrrl :;enior CivilJudge, Medchal, which stands [posted ]to 31.12.2022. Agg'ieved by thesaid Docket Ord,lrs, the present revisions are filed.7. A perusal of the plaint as well as the Docket Orders passed bythe Court belou, viz., both the Court of first instance a:; well as theappeltate Court the Docket Orders of the Court of li':it instanceindicate that the Court has not looked into the aspect of nraintarnabilityof the suit filed lry the [plaintiffs, ]since they are not aggrievecl [parties ]byvirtue of the [pn,ceedings ]dt.29.I7.2022 issued by the 2n( respondent,and had [proceeJed ]to grant interim injunction. The app,ellate Court,however, takin( note of the same, suspended the Docket Ordersdt.14.L2.2022 ard directed the [pafties ]to appear before the Court offirst instance on 31.12.2022 for consideration of the main .ll '.

B. Since the appellate Courr suspended rhe Docket Orders direCtingthe parties to appear before the Couft of the first instance on3L.72.2022, whereat Additional Senior Civil Judge was directed toconsider the I.As. filed in O.S.No.247 of 2022, this Court is of theconsidered view that no ground is made out to exercise supervisoryjurisdiction under Articre 227 0f the constitution of India. However, theII Additionar Senior civir ludge is directed to consider the I.As fired inO.S.No.247 of 2022, on its own the merits, without being influenced bythe observations made in the present C.R.ps.9. Accordingly, these Civil Revision petitions are without merit andare accordingly dismissed.10. Consequently, pending miscellaneous petitions, if any, shallstand closed. No order as to costs.

Sd/. R. KARTHIKEASSISTANT REGIRSECTIONFFICER

,TRUE COPY'

To,

1. The ll Additional District Judge, Medchat Malkajgiri at t\/edchat2.One CC to Sri Akkam Eshwar, Advocate tOpUClOne CC to Sri D Venkata Padmaja, Advocate tOpUCl,lTwo CD Copiesplpkamrl t I

HIGH COUFT

TVK,J

DATED:3011212022

(( fr.[IHE ][S ][I,(]/6'5'iJl\f,)t\3nCOMMON ORDER\-CRP.No.309l, 3100, 3101 AND 31 0?. OF ;t1lr-2

DlSMISSING THE ALL CRP'SWITHOUT CI)STSL(n\)\)'\L)