Andhra Pradesh High Court
AS/132/2017 of Smt. Janet Malini Thyagaraj, Vs The Trust Association of the Convention of Baptist on 12 March 2026
ANDHRA PRADESH : AMARAVATI MAIN CASE: A.S.Nos.132 of 2017 & 341 of 2017 PROCEEDINGS SHEET Sl. No. DATE ORDER OFFICE NOTE 13.03.2026 CMR, J & GTK, J I.A.No.1 of 2021 in A.S.No.132 of 2017 & I.A.No.1 of 2021 in A.S.No.341 of 2017 These petitions under Order 22 Rule 4 r/w Section 151
HIGH COURT OF ANDHRA PRADESH : AMARAVATI
MAIN CASE: A.S.Nos.132 of 2017 & 341 of 2017
PROCEEDINGS SHEET
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ORDER
OFFICE NOTE
13.03.2026
CMR, J & GTK, J
I.A.No.1 of 2021 in A.S.No.132 of 2017 & I.A.No.1 of 2021 in A.S.No.341 of 2017
These petitions under Order 22 Rule 4 r/w Section 151 C.P.C. are filed seeking leave of the Court to substitute the name of Terapalli Karunaveni in the place of late T.D.S. Kumar as Chairperson of the 1st respondent-Society in the above two appeals.
2. Heard learned counsel for the petitioners.
3. There is no representation on behalf of the respondents, when the matters are taken up for hearing. Therefore, these petitions are not opposed by any of the respondents.
4. Originally, the Trust Association of the Convention of the Baptist Churches of Northern Circars (hereinafter referred to as ‘CBCNC’), which is the society registered under the Societies Registration Act with Registered No.12/1960 represented by its the then Chairman by name Mr. T.D.S. Kumar, filed the suit in O.S.No.18 of
Sl. No. DATE
ORDER
OFFICE NOTE 2009 for permanent injunction on the file of the I Additional District Judge’s Court, Visakhapatnam. The said suit was dismissed after full trial on 23.01.2017. However, while dismissing the suit, the trial Court has appointed the District Collector of Visakhapatnam as Receiver to take possession of the plaint schedule property and to manage the same, subject to the consent to be given by him.
5. Aggrieved by the said judgment and decree only to the extent of appointing the District Collector as Receiver in respect of the plaint schedule property, defendant Nos.9 and 10 in the suit preferred A.S.No.132 of 2017, while the other appeal in A.S.No.341 of 2017 was preferred by some third parties who are not parties to the suit, claiming themselves to be the purchasers of part of the plaint schedule property under registered sale deeds, after obtaining leave from this Court.
6. During the pendency of the said appeals, the then Chairman of the Trust Association, T.D.S. Kumar, passed away on 18.07.2020. According to the petitioners, after the death of T.D.S. Kumar, the erstwhile Chairman of the Trust Association, Terapalli Karunaveni, who is his wife, was appointed as Chairperson of the said Trust Association by the governing body of the Trust Association as per the resolution dated 11.11.2020 and she is also authorized to represent the CBCNC in the pending litigation before various Courts. Therefore, the
Sl. No. DATE
ORDER
OFFICE NOTE petitioners have filed these petitions to accord leave to them to substitute the name of Terapalli Karunaveni in the place of late T.D.S. Kumar, as Chairman of the 1st respondent-Society in the appeals.
7. In fact, in the connected appeal in A.S.No.243 of 2017, the learned single Judge of this Court has already accorded permission to Terapalli Karunaveni to represent the Trust Association as its Chairperson, as per the order passed in I.A.No.1 of 2021 in the said appeal.
8. Therefore, in view of the said orders already passed by this Court in one of the connected appeals, these petitions are also allowed granting leave to the petitioners/appellants to substitute the name of Terapalli Karunaveni as Chairperson of the Trust Association of CBCNC in the place of late T.D.S. Kumar, the erstwhile Chairman of the 1st respondent-Society, in the appeals.
I.A.No.6 of 2021 in A.S.No.132 of 2017 & I.A.No.3 of 2021 in A.S.No.341 of 2017
These petitions are filed to accord permission to the petitioner by name Dasari Yacob to represent the Trust Association of CBCNC, the 1st respondent in the appeals, as Chairman of the said Association.
2. There is no representation for the petitioner, when the matters are taken up.
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ORDER
OFFICE NOTE
3. In view of the orders passed in I.A.No.1 of 2021 in A.S.No.132 of 2017 and I.A.No.1 of 2021 in A.S.No.341 of 2017, permitting substitution of the name of Terapalli Karunaveni as Chairperson of the Trust Association of CBCNC in the place of late T.D.S. Kumar, the erstwhile Chairman of the Trust Association, these petitions are dismissed. I.A.No.2 of 2021 in A.S.No.341 of 2017
This petition is filed seeking amendment of the cause title in A.S.No.341 of 2017 in respect of the 1st respondent - Trust Association by substituting the name of H.S.S. Paul as its Chairman, in the place of late T.D.S. Kumar, the erstwhile Chairman of the Trust Association.
2. In the connected appeal in A.S.No.132 of 2017, the petitioner herein has filed I.A.No.5 of 2021 seeking the same relief of substitution of his name by amending the cause title in the said appeal as well. The said petition was dismissed vide separate order, holding that it cannot be said that Mr. H.S.S. Paul is validly appointed as Chairman of the Trust Association as per the bye-laws.
3. In view of the same, this petition is also liable to be dismissed and is accordingly dismissed.
A.S.Nos.132 of 2017 and 341 of 2017
Both the appeals are allowed, setting aside the impugned judgment and decree to the extent of Sl. No. DATE
ORDER
OFFICE NOTE appointing the District Collector as Receiver, vide separate common judgment.
________ CMR, J
________ GTK, J
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