TBN. PHRANGSNGI MYNSONG Vs. TBN. G. THWINGLAND LYNGDOH

JUDGEMENT

(1.) This Second Appeal under Order 3 of the High Court of Meghalaya (Jurisdiction over District Council Courts) Order, 2014 read with Article 227 of the Constitution of India has been preferred against the judgment dated 03.02.2021, passed by the Judge, District Council Court in Misc. Civil Appeal No. 1 of 2020.

(2.) The brief facts of the case are that, the appellants who are members of the Umran Dairy Presbyterian Church, Ri Bhoi District, were compelled to institute a suit before the District Council Court when differences and disputes arose with the respondent over the control and management of the church. The said title suit was registered as Title Suit No. 16 of 2020, and was filed along with a Misc. Case being Misc. Case No. 16 of 2020, for grant of temporary injunction. The learned Sub-Ordinate District Council Court on being prima facie satisfied, by order dated 03.08.2020, was pleased to pass an order of adinterim injunction, firstly, restraining the respondent from entering into and interfering with the administration and management of the church and secondly, that the opposite party/respondent was to immediately stop issuing threats or restrict the petitioners and other members of the church from using the Church Graveyard, the Church as well as the School. The respondent against the said ad-interim injunction order preferred an appeal before the Judge, District Council Court who by judgment and order dated 03.02.2021, quashed and set aside the order dated 03.08.2020. Aggrieved by the order of the Lower Appellate Court, the appellants are before this court by way of the instant appeal.

(3.) Considering the nature of the dispute and the points involved herein, this Court is disposing of this matter at the stage of admission hearing itself. The counsel for the appellants has also filed the substantial questions of law that are to be taken into consideration at the time of hearing this appeal and the same are reproduced hereinbelow: