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Madras High Court

Podanur Csi Union Church Pastorate ... vs Csi Coimbatore Diocese Executive ... on 16 May, 2019

Author: Krishnan Ramasamy

Bench: Krishnan Ramasamy

                                                             1

                                        IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 16.05.2019

                                                          CORAM:

                                   THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

                                                C.R.P.(PD) No. 1760 of 2019
                                                            and
                                                 C.M.P. No. 11323 of 2019

                      1. Podanur CSI Union Church Pastorate Committee,
                         rep by its Chairman, CSI Union Church,
                         No.131, Vellalore Road, Podanur,
                         Coimbatore – 641 023.

                      2. Podanur CSI Union Church Pastorate Committee,
                         rep by its Presybyter-in-charge, CSI Union Church,
                         No.131, Vellalore Road, Podanur,
                         Coimbatore – 641 023.

                      3. Rev.S.Gershome Jacob

                      4. Mr.J.Isravel

                      5. Mr.V.Sampath Gnanaraja                                     ...Petitioners


                                                             Vs
                      1. CSI Coimbatore Diocese Executive Committee,
                          rep by its Chairman/Bishop,
                          CSI Diocesan Office, No.26. Race Course Road,
                          Coimbatore – 641 018.

                      2. CSI Coimbatore Diocese Executive Committee,
                         rep by its Diocesan Bishop,
                         CSI Diocesan Office, No.26. Race Course Road,
                         Coimbatore – 641 018.



http://www.judis.nic.in
                                                             2

                      3. Bishop
                         CSI Coimbatore Diocese,
                         CSI Diocesan Office,
                         No.256, Race Course Road,
                         Coimbatore – 641 018.
                                                                                       ...Respondents


                      Prayer: Civil Revision Petition filed under Article 227 of the Constitution of
                      India,to set aside the adjournment order dated 26.04.2019 passed by learned
                      III Additional District Munsif, Coimbatore in I.A.No.933 of 2018 in O.S.No.1285
                      of 2018 adjourning the same to 07.06.2019 and direct the learned Munsif to
                      comply with the order of the High Court dated 20.12.2018 passed in
                      C.R.P.No.4178 of 2018.


                                          For Petitioners        : Mr.A.Immanuvel
                                          For Respondents        : No Appearance


                                                         ORDER

This Court passed an order on 20.12.2018 directing the learned III Additional District Munsif, Coimbatore to dispose of the Application in I.A.No.931 to 934 of 2018 within a period of 30 days from the date of receipt of a copy of the order. However, inspite of the receipt of the copy of the order, the learned Additional District Munsif, has not disposed of the said Applications, even as on today and now the matter has got adjourned to 07.06.2019.

http://www.judis.nic.in 3

2. In the meantime, the learned counsel for the petitioner submits that he has moved this petition. Though, the matter has come up for hearing on 26.04.2019, the matter was adjourned to 07.06.2019, without complying the order of this Court passed on 20.12.2018 and this will affect the interest of the petitioner, therefore, he has sought for the earlier disposal of the I.A.Nos.931 to 934 of 2018.

3. This Court is of the view that though this Court has already directed the Additional District Munsif to dispose of the said Applications within a period of 30 days and even after the receipt of the said order, the learned Additional District Munsif has not disposed of the said Applications. This Court passed an order keeping in mind that the rights of the petitioner in no way should be prejudicely affected. When such is the case, the learned Additional District Munsif should have disposed of the applications within 30 days. Therefore, this Court hereby direct the learned Additional District Munsif, Coimbatore to dispose of the I.A.Nos.931 to 934 of 2018 on or before 28.06.2019 and report the compliance before this Court. In the meantime, there shall be an order of status quo and that the position of the petitioner herein should not be disturbed till 28.06.2019 or till the disposal of that I.A.No.933 of 2018 whichever is earlier. http://www.judis.nic.in 4 KRISHNAN RAMASAMY, J.

mrm/hvk

4. With the above observations, the Civil Revision Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

16.05.2019 Index:Yes/No Speaking Order/Non-speaking order mrm/hvk To The III Additional District Munsif, Coimbatore.

C.R.P.(PD) No. 1760 of 2019

and C.M.P. No. 11323 of 2019 http://www.judis.nic.in