CR/3548/2021 of FEROZE GANDHI @ FEROZE MASIH Vs CHURCH OF NORTH INDIA AND OTHERS on 31 December 2021

IN THE HIGH COURT OF PUNJAB AND HARYANA AT.CHANDIGARH.CR No. 3548 of 2021 (O&M)Date of Decision:31.12.20902

Feroze Gandhi @ Feroze Masih

Petitioner

Versus|

Church of North India and others |

. Respondents

CORAM:- HON'BLE MRS. JUSTICE LISA GIL

Present:Mr. Suvir Sidhu, Advocateand Mr. Brijesh, Advocatefor the petitioner.and Mr. Brijesh, Advocatefor the petitioner.

Mr. Briymohan, Advocate

for Mr. Manish Joshi, Advocatefor caveator/respondents no.1 and 2.for caveator/respondents no.1 and 2.

FS IS

LISA GILL,J(Oral).

This revision petition has been filed for setting aside order dated23.12.2021, Annexure P-7, passed by the learned Additional District Judge,Gurdaspur. ©

Petitioner filed suit for declaration to the effect that letter no.CNI: SYN: GS:C-14-A/D-8/2021-238 dated 11[th]February, 2021 issued bydefendant no.1, thereby dissolving the duly elected Executive Committee ofwhich the plaintiff is the elected member of the Diocese of Chandigarh, CNI(defendant no.2), is illegal, null, void, arbitrary, non-est, having been issuedwithout affording any opportunity of being heard, against the law of naturaljustice, and thus not binding upon the plaintiff and the plaintiff is still themember of the Executive Committee of the Diocese of Chandigarh, CNIdefendant no.2, with the consequential relief of permanent injunction andrestraining defendants from holding any meeting/s of alleged illegal Ad-hocCommittee allegedly appointed by the Executive Committee of Church ofNorth India Synod (defendant no.l1) and from taking any decision/s whatsoever as it is only the duly elected Executive Committee of defendantno.2 of which the plaintiff is duly elected member which has the right tocontinue..

An application under Order 39 Rule 1 and 2 CPC was filedalong with the said suit, which was decided by the learned trial Court on24.09.2021, wherein the respondent-detendants were “restrained fromholding any meetings of alleged illegal adhoc Committee allegedlyappointed by defendant no.1 and proceedings of the Committee concerned,except in due course of law, till disposal of the case’.

Appeal challenging the said order dated 24.09.2021, was filedby respondents no. | to 3 and an application seeking stay of the said orderwas also filed.

It is submitted that arguments on the said application werepartly heard on 23.12.2021 and the matter adjourned to 07.01.2022 whileobserving as under:- “Counsel for the parties have already partly argued the stayapplication. Counsel for the appellant has stated that Christmasis now coming and they have to celebrate Christmas and nowafter tomorrow winter vacations are coming. Till then greatprejudice would be caused to the appellant after wintervacations if in the meantime enforcement/ execution ofimpugned order under challenge is not stayed. This contentionhas been opposed by the counsel for the opposite party. Heardand considered. Above situation is not disputed one as stated bythe counsel for the appellant. Hence, in the interest of justice,till further order execution/ enforcement of impugned orderunder challenge shall remained stayed. Adjourned to07.01.2022. To come up on date fixed for remainingarguments.”

Learned counsel for the petitioner argued that in the garb of the

Said order, certain important and relevant decisions are sought to be taken bythe respondents which are as under:- Election of Bishop of the Diocese of Chandigarh-CNI.

Planning for the forthcoming Diocesan Council of theDiocese of Chandigarh-CNI.

However, learned counsel for the respondent-caveators onSpecific instructions submits that till 07.01.2022, no such decision shall be taken by the Committee.

In this view of the matter, this revision petition is renderedinfructuous as it appears that impugned order was passed on account ofChristmas celebrations.

Arguments

Revision petition is disposed of accordingly. Needless to say,the matter would be decided by the learned Additional District Judge,Gurdaspur, on 07.01.2022 in accordance with law, ILISA GILL]31.12.2021Judges. khaWhether speaking/reasoned :Yes/No.Whether reportableYes/No..