Yadala Rajasekhar Vs Kollam Suvarnaraju

YADALA RAJASEKHAR, S/O. LATE DEVADANAM, AGED ABOUT 64 YEARS, SECRETARY OF (JEWETT MEMORIAL BAPTIST CHURCH) R/O C E SOCIETY KABADIPALEM, ONGOLE, PRAKASAM DISTRICT

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...APPELLANT

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AND

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KOLLAM SUVARNARAJU, S/O VENKATESH, AGED ABOUT 68 YEARS, R/O KABADIPALEM ONGOLE, PRAKASAM DISTRICT.

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MANDA DAVADANAM CHENNAIAH, S/O MOSHE, AGED ABOUT 65 YEARS, R/O 3RD LANE, CLOUGHPET, ONGOLE, PRAKASAM DISTRICT.

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BHIMAVARAPU PETER BABU, S/O JACOB, AGED 45 YEARS, ARAVADANDUPALEM, ONGOLE.

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VOOLA JAYA KUMARI, D/O JOSEPH, AGED ABOUT 45 YEARS, KABADIPALEM, ONGOLE.

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PASUMARTHI JOSEPH, (DIED)

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TELIA KRUPATANAM, (DIED)

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TELIA YESUPADAM, , S/O KUMARDAS, AGED 40 YEARS, CHRISTIANAPALEM, ONGOLE.

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THELLA THIMOTHI, S/O GEORGE, AGED ABOUT 45 YEARS.

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EAST CHRISTIANAPALEM, ONGOLE

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K PADMA, W/O GANGAVARAPU JOSH, AGED ABOUT 64 YEARS, CLOUTHPET, 3 RD LANE ONGOLE, PRAKASAM DISTRICT.

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KODAMALA ALWIN, S/O SAMUEL ISAK, AGED ABOUT 64 YEARS, CLOUTHPETA, 4TH LANE, ONGOLE.

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KOTHAPALLI MANOGNA KUMAR, , S/O JOHN WILSON, AGED ABOUT 42 YEARS, RAILPETA, ONGOLE, PRAKASAM DISTRICT.

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P JAYA RAO, (DIED)

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K SUVARTHAMMA, D/O JAYARAO, AGED ABOVE 62 YEARS, MAMIDIPALEM

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P NIRMALA JOHN BABU, W/O JOHN BABU AGED 62 YEARS, KABADIPALEM, ONGOLE.

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TELIA DAVID RAJU, S/O PARAMANDAM, AGED 46 YEARS, ONGOLE

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TELIA VICTOR PAUL, S/O KUMARDAS, AGED ABOUT 40 YEARS. EAST CHRISTIANPALEM, ONGOLE.

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PANDI SAMUEL RAJU, S/O MOSES, AGED ABOUT 62 YEARS, KABADIPALEM, ONGOLE, PRAKASAM DISTRICT.

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SANDRAPATI ABRAHAM, S/O JAFREE (DIED),

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PANDI SUDHEER KUMAR, S/O BENJIMAN, AGED ABOUT 59 YEARS, KABADIPALEM, ONGOLE PRAKASAM DISTRICT.

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TELIA EMMANUEL, S/O GEORGE, AGED 60 YEARS, RAILPETA, ONGOLE.

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M RAVINDRA NATH, (DIED)

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TELIA VIJAYAKUMARI, (DIED)

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R JOSEPH, S/O NOT KNOWN. AGED ABOUT 53 YEARS, RAILPETA, ONGOLE.

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T M C BENJIMAN, (DIED)

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K GIADSTON, (DIED)

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PANDI JAYAKUMAR, SC/O ATCHAIAH, KABADIPALEM, ONGOLE.

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JMB CHURCH, ONGOLE REP.BY ITS PRESIDENT AND CHAIRMAN SWAROOP KUMAR,

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B ARUNA, W/O NOT KNOWN, AGED 50 YEARS, JMB CHURCH COMMITTEE MEMBER, TRUNK ROAD, ONGOLE.

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Y SWAROOP, S/O NOW KNOWN, AGED 62 YEARS, JMB CHURCH COMMITTEE MEMBER. TRUNK ROAD, ONGOLE.

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K RAVI KUMAR, S/O NOT KNOWN, AGED 45 YEARS, JMB CHURCH COMMITTEE MEMBER. JMB CHURCH, TRUNK ROAD, ONGOLE, (3 TO 30 RESPONDENTS ARE NOT A NECESSARY PARTIES)

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...RESPONDENT(S):

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Counsel for the Appellant:

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1.SOMISETTY GANESH BABU

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Counsel for the Respondent(S):

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1.VENKATESWARLU SANISETTY

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HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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C.M.A.No.534 of 2025

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This Court made the following

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JUDGMENT:

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The present C.M.A. is filed aggrieved by the order dated 02.12.2024 in I.A.No.1063 of 2024 in SROP NO.5 of 2017 passed by the I Additional District & Sessions Judge, Prakasam at Ongole wherein petition filed under Order XXXIX Rules 1 and 2 and Section 151 of CPC by the petitioners/respondent Nos.1 and 2 herein is allowed by restraining the respondent No.18/appellant herein from conducting elections to the JMB Church and to the arising vacancies in the month of December, 2024 and also to the Executive Body in the absence of authorized memberships and General Body Registrar till the disposal of SROP No.5 of 2017.

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2. Heard learned counsel for the appellant and learned counsel for respondents and perused the material on record.

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3. At the time of hearing of the present CMA both the counsel represented that since the main SROP No.5 of 2017 is itself posted for arguments and prayed that while disposing of the present CMA consider the prayer the District Registrar (Firms and Societies), Ongole who is the appropriate authority to conduct elections in respect of Respondent No.27 in the present appeal / Respondent No.26 in SROP No.5 of 2017 after having finalization of eligible and qualified members of the church/society in

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terms of the bylaws of the Church/Society and further prayed to direct the Court below to dispose of SROP No.5 of 2017 as early as possible but not later than four (04) months from the date of receipt of a copy of this Court’s order.

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4. Having considered the submissions made by both the counsel, this Court is inclined to dispose of the present CMA by directing the District Registrar (Firms and Societies), Ongole or any other officer authorised by him not below the rank of Gazetted Officer to finalize the list of qualified or eligible members of the 27^th respondent – Church and draw the eligible voters list strictly as per the terms of the bylaws of the society by following due procedure as contemplated under bylaws and after notifying the eligible / qualified voters list and conduct elections to the 27the respondent Church and elections should be conducted within a period of two (02) months thereafter. Regarding the other prayer of both the counsel, this Court is of the considered view that since the SROP No.5 of 2017 is posted for arguments, the Court below is hereby directed to dispose of the same as early as possible but not later than four (04) months from the date of receipt of a copy of this order.

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5. Accordingly, the C.M.A. is disposed of.

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Consequently, miscellaneous petitions, if any, pending in this CMA shall stand closed.

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_________________________________ VENKATESWARLU NIMMAGADDA, J

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08.01.2026 krk

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HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA