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[Cites 3, Cited by 0]

Madras High Court

S.M.Sam Langlin vs India Evangelical Lutheran Church on 20 February, 2019

Author: M.M.Sundresh

Bench: M.M.Sundresh

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                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED :20.02.2019

                                                       CORAM

                                 THE HONOURABLE MR. JUSTICE M.M.SUNDRESH

                          Civil Suit No.86 of 2015 & A.No.2024 & 724 of 2015 and Civil
                            Revision Petition No.283 of 2016 &CMP No.1330 of 2016


                      Civil Suit No.86 of 2015

                      S.M.Sam Langlin                                  ... Plaintiff


                                                         Vs.

                      1.India Evangelical Lutheran Church,
                       Represented by its General Treasurer,
                       New No.47, Old No.21, Eldams Road,
                       Teynampet, Chennai-600 018.

                      2.India Evangelical Lutheran Church Trust
                        Association, Represented by its Secretary,
                       Lutheran Mission Compound, K.P.Road,
                       Nagercoil, Kanyakumari District-629 001.

                      3.Kerala Synod -IELC, Represented by
                       its President, Synod Office Mudavoor Para,
                       Balaramapuram, Pallichal Village,
                       Tiruvananthapuram, Kerala.
                      4.K.Baul Sundar
                      5.S.Lazarus Bright
                      6.Rev.R.Vijayakumar
                      7.Rev.S.Rajagembeeram
                      8.Rev. Priseley Balasingh


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                      9.Robinson David
                      10.Thankaraj
                      11.Benjamin Franklin
                      12.Rev. Wilson Hanaock                         ...   Respondents


                      Civil Revision Petition No.283 of 2016


                      1.K.Baul Sundar
                      2.8.Rev. Priestly Balasingh
                      3.Rev.C.Ellappan Prasad
                      4.Rev. Alvin Chandra Suresh
                      5.Rev.M.Robinson
                      6.D.Titus
                      7.A.Vijayakumar                                       .. Petitioners


                                                    Vs.


                      1.Rev.R.Vijayakumar
                      2.RBL Bank, (Old Ratnakar Bank Ltd.,)
                       First Floor, Rashmi Towers,
                       #1, Valluvarkottam High Road,
                       Chennai-600 034.                                     .. Respondents

                            Civil suit is filed under Order IV Rule 1 of High Court Original
                      Side Rules read with Order VII Rule 1 of C.P.C., praying to grant a
                      mandatory injunction directing the defendants to prepare the list of all
                      the individual members of the 1st defendant;         grant a mandatory
                      injunction directing the defendants to register all the congregations
                      and pastorates and the four synods in accordance with the Tamil Nadu
                      Societies Registration Act, 1975; grant a mandatory injunction



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                      directing the defendants to draw up a lawful memorandum and bye
                      law for the 1st defendant in accordance with the Tamil Nadu Societies
                      Preregistration Act. 1975 along the lines of the aims and objectives
                      enshrined in the first memorandum and bye law in Association No.11
                      of 1959; grant a mandatory injunction directing              the defendants to
                      render proper accounts of the association from 01.04.2006; and
                      grants costs of the suit.


                            Civil   Revision    Petition   is   filed   under   Article   227   of   the
                      Constitution of India as against the order dated 06.01.2016 granted in
                      I.A.No.11013 of 2015 in O.S.No.3782 of 2015 by the IV Assistant City
                      Civil Court, Chennai.



                            For Plaintiff         : Mr.C.M.Mohanasundram
                            in C.S.86/2015

                            For Petitioner in     : No appearance
                            CRP.293/2016

                            For Respondents       : Mr.M.Sankar for D9 & D12
                            in C.S.86/2015          No appearance for D1 to D8, D10 & D11

                            For Respondents in : Mr.V.Adhivarahan for R2
                            CRP.293/2016         No appearance for R1



                                                  COMMON JUDGMENT


When the above civil suit is taken up for haring, the learned counsel appearing for the plaintiff in the suit and the learned counsel appearing for the second respondent in the civil revision petition would http://www.judis.nic.in 4 submit that in view of the order passed in Tr.C.S.No.741 of 2017 dated 31.07.2019 appointing the Hon'ble Mr.Justice D.Hariparandhaman, Retired Judge of this Court, as Administrator, nothing survives for adjudication in this suit and the same is closed. Consequently, connected application also stands closed.

2. Though there is no representation for the petitioner in the civil revision petition, in view of the order referred to above, nothing survives for adjudication in both the civil suit and the civil revision petition and they stand closed. Consequently, the miscellaneous petition also stands closed.

20.02.2019 raa http://www.judis.nic.in 5 M.M.SUNDRESH,J.

raa Civil Suit No.86 of 2015 & A.No.2024 & 724 of 2015 and C.R.P. No.283 of 2016 & CMP No.1330 of 2016 20.02.2019 http://www.judis.nic.in