Partly allowed

Mr. K.Whittaker v. Church Of South India (Synod)

Telangana HC10 Jan 2014RTP/34/2014

Case brief

AI extract

What is this about?

High Court allowed request to receive and transmit a civil suit from District Judge, Adilabad under A.P. Civil Courts Act. Regarding interim injunction petition, court observed objections but did not issue specific direction in the excerpt provided before drafting seal.

What did the court decide?

Papers of O.S.(SR) No. 955 of 2014 received by High Court and transmitted to District Judge, Adilabad.

Mr. K.Whittaker Vs Church Of South India… — Civil Procedure and Limitation | Telangana HC (2014)

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IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD

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FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND FOURTEEN

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: PRESENT:

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THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR

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RECEIVE & TRANSMIT.PETITION No. 34 of 2014 AND

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RECEIVE & TRANSMIT MISCELANEOUS PETITION NO. 37 OF 2014

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Between:

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Mr. K. Whittaker S/o Mr. Devasahayam

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(Petitioner in R&T.P No. 34 and R & TMP.

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No. 37 of 2014) Plaintiffs in O.S. (SR). No. 955 of 2014 Sought to be received in the High Court, sought to be presented to the District Judge, Adilabad)

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AND

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1. Church of South India (SYNOD) rep. by its Moderator Most Rev. Devakadasham, O/o No. 5, Whites Road, Rayapettah, Chennai-14

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2. Mr. M.M. Philip General Secretary of SYNOD, O/o. No. 5, Whites Road, Rayapettah, Chennai-14

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3. T h e Bishop Rt. Rev. Dr. G. Dyvairvadam, Bishop & Moderator Commissary, CSI Medak Diocese, O/o. 10-3-165, Diocesan Office, Secunderabad-25

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Respondents in R&T. P. No. 34 and R & T. MP No. 37 of 2014) Respondents in –do-

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R&T. Petition No. 34 of 2014

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Petition under Section 33 of A.P. Civil Courts Act, 1972 praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to receive the suit filed by the petitioner and transmit the same to the Court of the Hon’ble District Judge, Adilabad;

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R & T.M.P. No. 37 of 2014

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Petition under Order XXXIX Rule 1 & 2 R/w Sec. 151 of CPC, praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to grant temporary ex-parte injunction restraining the respondents from in any way restraining the Medak Diocesan Synod Delegates, shown in Annexure-I attached to the plaint from participating in the 34^th Session of CSI Synod, including franchising their votes in the Moderator elections, scheduled to be held from 11-01-2014 to 14-01-2014 or on any subsequent dates thereafter at Vijayawada pending disposal of the above suit in the interest of justice;

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VENUE

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The 34^th Session of CSI SYNOD, Chennai is scheduled to be held at Vijayawada (CSI Compound, Vijayawada) from 11-01-2014 to 14-01-2014. SCHEDULED SHOWING THE NAMES OF MEDAK DIOCESAN COUNCIL ELECTED FOR THE BIENNIUM PERIOD FROM 2013 TO 2015

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1. Re. A.C. Solomon Raj

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2. Re. B. Winston

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3. Mr. K. Dayanand

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4. Dr. B. Vimal Sukumar

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5. Rev. D. Prasanna Kumar

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6. Rev. G. Prem Kumar

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7. Rev. Y. Robinson

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8. Rev. Mrs. Samarpana Kiran

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9. Mr. D. David

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10. Mr. R. Samson

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11. Dr. P. Jonathan Dharmaraj

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12. Mrs. P. Kumudini Jonathan

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13. Mr. Shanthi Kumar (Banswada)

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14. Mr. Sam Wilson (ECIL)

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15. Mr. Galen Chitharanjan (Medak)

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16. Mr. Govada Solomon

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17. Mrs. Esther Jyothsna

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These petitions coming on for orders, upon perusing the petitions and the affidavits filed herein and upon hearing the arguments of Sri Y. Srinivasa Murthy, Advocate for the Petitioners in both the petitions;

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IT IS ORDERED AS FOLLOWS:

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1. That the papers bearing O.S. (SR) NO. 955 of 2014, sought to be preferred before the Court of the District Judge, Adilabad, be received in the High Court;

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2. That the Court ordered as follows:

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3. That the aforesaid papers bearing O.S. (Sr) No. 955 of 2014 sought to be presented before the Court of the District Judge, Adilabad, be transmitted to the said Court of the District Judge, Adilabad;

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Sd/-A. SURYA PRAKASH RAO ASSISTANT REGISTRAR

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// TRUE COPY //

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FOR ASSISTANT REGISTRAR

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1. The District Judge, Adilabad (BY RPAD with all the material papers of OS)

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2. Church of South India (SYNOD) rep. by its Moderator Most Rev. Devakadasham, O/o No. 5, Whites Road, Rayapettah, Chennai-14

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3. Mr. M.M. Philip General Secretary of SYNOD, O/o. No. 5, Whites Road, Rayapettah, Chennai-14

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4. The Bishop Rt. Rev. Dr. G. Dyvairvadam, Bishop & Moderator Commissary, CSI Medak Diocese, O/o. 10-3-165, Diocesan Office, Secunderabad-25

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5. The Section Officer, Judicial Section, High Court of A.P., Hyderabad.

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6. One CC to Sri Y. Srinivasa Murthy, Advocate, (OPUC)

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7. Two spare copies.

Csk

HIGH COURT

BCKJ

DATE: 10-01-2014

ORDER

R&TMP. NO. 37 OF 2014 AND R&T P. No. 34 of 2014

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DIRECTION

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HIGH COURT

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Csk Date of drafting 10-01-2014

BCKJ

DATE: 10-01-2014

ORDER

R&TMP. NO. 37 OF 2014 AND R&T P. No. 34 of 2014

¶68

DIRECTION

Mr. K.Whittaker v. Church Of South India (Synod)

Case brief

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Mr. K.Whittaker v. Church Of South India (Synod)

Case brief

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