Madras High Court
South Andhra Lutheran Church vs 'South Andhra Lutheran Church'Rep on 26 June, 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.06.2015
CORAM
THE HONOURABLE THIRU JUSTICE M. DURAISWAMY
C.R.P.(PD)Nos.2500 and 2501 of 2015
and M.P.Nos.1 and 1 of 2015
South Andhra Lutheran Church
Central Church Office,
East Mission Compound,
Tirupati 517 507
rep by its Secretary
V. Dinakar Babu
... Petitioner in both the revision petitions
vs.
1. 'South Andhra Lutheran Church'rep
by its Bishop, Rev.T.o Michael Benhur
residing at Church Compound,
Beripet, Nayudupet-524 126 having
Office at 9/92, West Mission Compound,
Tirupati 517 502,
Chittor District, Andhra Pradesh
2. United Evangelical Lutheran Churches in India,
No.95, Purasawalkam High Road, Kilpauk,
Chennai-600 010
(Rep by its Secretary)
3. Corporationi Bank,
12, Ormes Road, Kilpauk,
Chennai-600 010
.... Respondents in both the revision petitions
Civil Revision Petitions filed under Article 227 of the Constitution of India against the fair and final orders dated 7.3.2015 passed in I.A.Nos.17478 of 2014 and 18298 of 2014 in O.S.No.55559 of 2014 on the file of VIII Assistant City Civil Court, Chennai.
For Petitioner : Mr.K.F. Manavaln
O R D E R
Challenging the fair and final orders passed in I.A.Nos.17478 of 2014 and 18298 of 2014 in O.S.No.55559 of 2014 on the file of VIII Assistant City Civil Court, Chennai, the plaintiff has filed the above Civil Revision Petitions.
2. The plaintiff filed a suit in O.S.No.5559 of 2014 for declaration and permanent injunction. In the said suit, the first respondent filed an application to get themselves impleaded as a defendant in the suit, stating that they are proper and necessary party.
3. Though the application was opposed by the plaintiff, the trial court allowed the application, finding that the first respondent is proper and necessary party for the adjudication of the suit.
4. When the matter is taken up for hearing, the learned counsel for the petitioner submitted that inspite of going into the merits of the orders passed in I.A.Nos.17478 of 2014 and 18298 of 2014 in O.S.No.55559 of 2014, the trial court may be directed to dispose of the suit within a stipulated time.
5. Having regard to the submission made by the learned counsel for the petitioner, while confirming the fair and final orders passed in I.A.Nos.17478 of 2015 and 18298 of 2014 in O.S.No.55559 of 2014, I direct the VIII Assistant Judge, City Civil Court, Chennai to dispose of the suit in O.S.No.5559 of 2014, on merits and in accordance with law, within a period of nine months from the date of receipt of copy of this order.
6. It is needless to say that the parties are at liberty to defend their case before the trial court at the time of trial.
7. With the above observation, both the Civil Revision Petitions are disposed of. No costs. Consequently, connected Mps are closed.
26.06.2015 Index : No Internet : yes sr To The VIII Assistant City Civil Court, Chennai. M. DURAISWAMY,J., sr C.R.P.(PD)Nos.2500 & 2501 of 2015 26.06.2015