IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD FRIDAY THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND NINE : PRESENT: THE HON’BLE SRI JUSTICE: L. NARASIMHA REDDY RECEIVE & TRANSMIT PETITION NO. 15 OF 2009 AND RECEIVE & TRANSMIT.PETITION No. 15 of 2009 Between: The Church of South India Diocese of Dornakal, rep. by its Bishop Rt. Rev. B. Satyanandam Devamani, S/o. Satyanandam, R/o. Bishops Bunglow, Cathedral Compound, Dornakal, Warangal District. . Petitioner in R&T.P No. 15 and R & TMP. No. 15 of 2009) 1st Defendant in C.MA. (SR). No. 34951 of 2009 Sought to be received in the High Court, sought to be preferred to the Principal District Judge, Warangal) AND 1. Kalva Devadas (Member of Paloncha Church), R/o. 21-1-186, Bhadrachalam Road, (KSL Techno Crafts), Paloncha, Khammam District. 2. V. John Samuel, (Member of Pastorate Committee), Head Master, Kothagadda, R/o. Kothapet Village, Buyyaram Mandal, Warangal District. 3. Ch. Kiran Kumar (Ordinary Member of Rudrampur Church), R/o. D. No. 1- 546/6. Nala Area, Rudrampur Village, Kothagudem Mandal, Khammam District. .. Respondents/Plaintiffs 4. Rev. T. John Jawahar, Diocesen Secretary. (R4 is not necessary party in the present appeal) Respondents in R&T. P. No. 15 and R & T. MP No. 15 of 2009) 2nd Defendants in –do-) R&T. Petition No. 15 of 2009 Petition under Section 33 of A.P. Civil Courts Act, praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to Receive and Transmit the record in connection with C.M.A. No.. of 2009 to the Court of the Principal District & Sessions Court at Warangal; R & T.M.P. No. 15 of 2009 Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed in R&TP the High Court may be pleased to suspend the operation of the impugned order in I.A. No. 272 of 2009 in O.S. No. 70 of 2009 dated: 18-09- 2009 on the file of the court of the Senior Civil Judge, At Mahaboobabad of Warangal District; These petitions coming on for orders, upon perusing the petitions and the affidavits filed herein and upon hearing the arguments of Sri K. Ananda Rao, Advocate for the Petitioners in the petitions, ..2.. IT IS ORDERED AS FOLLOWS: 1. That the papers bearing CMA (SR) NO. 34951 of 2009, sought to be presented before the Court of the Principal District Judge, Warangal be received in the High Court 2. That the Court ordered as follows: “The Petitioner is the 1st defendant in O.S. No. 70 of 2009 on the file of the Senior Civil Judge, Mahabubabad. Respondents 1 to 3 filed that suit, against the petitioner and the 4th respondent, for declaratory relief. They have also filed I.A. No. 272 of 2009, with a prayer to restrain the petitioner and respondent No. 4 from conducting the meeting of the Diocese, on 22-09- 2009. The Trail Court granted an order of ad interim injunction. This application is filed with a prayer to vacate the same. Heard learned counsel for the petitioner and learned counsel for respondents 1 to 3. The petitioner is the representative Body of all the Churches in the Dornakal Diocese. Even if respondents 1 to 3 have any grievance, about any activity undertaken by the petitioner herein, that cannot constitute the basis to cripple the activities, as a whole. Several decisions of far-reaching consequences are to be taken by the petitioner. Hence, it is directed that the petitioner may proceed with the meeting, duly issuing fresh notice to all the concerned. However, it is directed that the resolutions passed in that meeting, shall not be enforced for a period of two weeks. The Trial Court shall take up the matter, on 05-10-2009, as directed earlier, and pass appropriate orders, as to the validity or otherwise meeting and decisions taken at the meeting”. 3. That the aforesaid papers bearing CMA (SR) NO. 34951 of 2009, sought to be presented before the Court of the Principal District Judge, Warangal be transmitted to the said Court of the Principal District Judge, Warangal. ASSISTANT REGISTRAR // TRUE COPY // FOR ASSISTANT REGISTRAR To 1. The Principal District Judge, Warangal (BY SPEED POST with all the material papers of CMA) 2. Kalva Devadas (Member of Paloncha Church), R/o. 21-1-186, Bhadrachalam Road, (KSL Techno Crafts), Paloncha, Khammam District. 3. V. John Samuel, (Member of Pastorate Committee), Head Master, Kothagadda, R/o. Kothapet Village, Buyyaram Mandal, Warangal District. 4. Ch. Kiran Kumar (Ordinary Member of Rudrampur Church), R/o. D. No. 1- 546/6. Nala Area, Rudrampur Village, Kothagudem Mandal, Khammam District. (ADDRESSEES 2 TO 4 BY SPEED POST) 5. The Section Officer, Judicial Section, High Court of A.P., Hyderabad. 6. One CC to Sri K. Ananda Rao, Advocate (OPUC) 7. One spare copy. Ksv HIGH COURT Ksv Date of drafting: 02-10-2009 LNRJ DATE: 25-09-2009 ORDER R&TMP. NO. 15 OF 2009 AND R&T P. No. 15 of 2009 DIRECTION