Delhi High Court - Orders
Baptist Church Trust Association And ... vs Rev. Dinesh Das on 7 March, 2024
Author: Neena Bansal Krishna
Bench: Neena Bansal Krishna
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 612/2018, I.A. 16263/2018, I.A. 2617/2021
BAPTIST CHURCH TRUST ASSOCIATION AND ANR.
..... Plaintiff
Through: Mr. Deeptakirti Verma, and Ms. Neha
Sharma, Advocates.
versus
REV. DINESH DAS
..... Defendant
Through: Mr. Arpit Singh, proxy counsel.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
ORDER
% 07.03.2024
CS(OS) 612/2018
1. Learned counsel for the defendant seeks adjournment on the ground that the main counsel is busy in another Court.
2. Learned counsel for the plaintiff has objected to the adjournment. It is submitted that I.A.3707/2019 under Section 10 CPC has been filed on behalf of the defendant which has been directed vide Order dated 11.02.2020 in FAO(OS)256/2019, to be decided first. It is submitted that because of the non-disposal of the application, the main suit is getting delayed.
I.A. 3707/2019 (under Section 10 read with Section 151 CPC on behalf of defendant)
3. An application has been filed on behalf of the defendant, wherein it is submitted that for the similar relief, the defendant has filed Civil Suit No.3421/2018 before learned Civil Judge-03, District Court, Tis Hazari, Delhi and since his suit is prior in time, the proceedings in the present suit This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/03/2024 at 21:20:13 may be stayed. The relief sought in the CS(OS) 3421/2018 Civil Suit filed by the defendant is as under :
"(a) Decree of Permanent Injunction restraining the present plaintiffs herein (who are defendants in the said suit) from interfering into the peaceful affairs of Baptist Church Karol Bagh, which is being managed and looked after by the defendant/applicant herein (who is plaintiff no. 2 in the said suit) with the help of its members;
(b) Decree of declaration that the removal letter dated 06.11.2018, whereby; the applicant/defendant has been removed from the post of Paster & Chairman of Baptist Church Karol Bagh. and. which has been issued by the plaintiffs herein (defendants in the said suit) be declared as null and void;"
4. The relief which has been sought in the present suit on behalf of the plaintiff is as under :
"(a) pass a Decree of Declaration in favour of the Plaintiffs and against the Defendant thereby declaring that Defendant No.l ceases to be a Pastor and Chairman of Karol Bagh Baptist Church, Saraswati Marg, Karol Bagh, New Delhi, from the date of suspension i.e. 15.11.2018;
(b) pass a Decree of Permanent Injunction in favour of the Plaintiffs and against the Defendant thereby restraining the Defendant from interfering in the Management, working and control of Karol Bagh Baptist Church;
(c) pass a Decree of Permanent Injunction in favour of the Plaintiffs and against the Defendant thereby restraining the Defendant from creating any hindrance for the newly appointed Pastor namely Rev. Anil.b.Lal from carrying out prayer services in the said Karol Bagh Baptist Church, 5 Saraswati Marg, Desh Bandhu Gupta Road, Karol Bagh , New Delhi;
(d) pass a Decree of Permanent Injunction in favour of This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/03/2024 at 21:20:13 the Plaintiffs and against the Defendant thereby restraining the Defendant from creating any hindrance in the ingress and egress of the Plaintiffs, their officials , employees and other worshippers in the said suit property bearing No. 5, Saraswati Marg, Karol Bagh, New Delhi;
(e) pass a Decree of Permanent Injunction in favour of the Plaintiffs and against the Defendant thereby restraining the Defendant from selling, alienating, transferring and/or creating any third party right, title and/or interest in said suit property;
(f) pass a Decree of Permanent Injunction in favour of the Plaintiffs and against the Defendant thereby restraining the Defendant from causing any obstruction or hindrance to the peaceful enjoyment of the Suit property by the plaintiffs;
(g) pass a mandatory injunction in favour of the Plaintiffs and against the Defendant thereby directing the Defendant to vacate the said suit property including Church premises;
(h) pass a mandatory injunction in favour of the Plaintiffs and against the Defendant thereby directing the Defendant to remove his locks put up on the gates of the said Church situated in suit property;
(i) pass a mandatory injunction in favour of the Plaintiffs and against the Defendant thereby directing the Defendant to handover all the keys of the said property to the Plaintiffs; award the costs of the present suit in favour of the Plaintiff and against the Defendant."
5. Considering the respective reliefs sought by plaintiff and defendant, it is considered appropriate if the Civil Suit pending in Tis Hazari Court is also summoned to this Court to be tried together.
6. The suit be summoned and be listed together for 15.05.2024.
NEENA BANSAL KRISHNA, J MARCH 7, 2024/va This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/03/2024 at 21:20:14