YELLA BABU RAO Vs. AIRPORT BAPTIST CHURCH

JUDGEMENT

(1.) The petitioners have filed O.P.No.528 of 2017 in the Court of the IV Additional District Judge, Visakhapatnam, against the respondents herein, for the relief of conduct of elections for the 1st respondent-Church, for the years 2017- 2019. During the pendency of the said petition, the petitioners have also moved I.A.No.476 of 2019, for a direction to the Court to permit the petitioners to conduct the second service in the petition schedule Church on every Sunday. This application was filed on the ground that the main petition for conduct of election was not being disposed of and in the meanwhile, the petitioners were not being allowed to participate in the prayers being held every Sunday from 8.30 A.M to 11.30 A.M. As the petitioners were not being allowed into the Church, they sought a direction from the trial Court to be permitted to conduct a second service after completion of the first service.

(2.) The respondents contested this application.

(3.) After hearing both sides, the trial Court dismissed this application, by an order dated 22.10.2021 on the ground that grant of this relief would amount to an injunction against the respondents without deciding the question of whether the petitioners are members of the Church or the Sangam and without deciding on the question of entitlement of the petitioners to ask for conduct of elections. The trial Court also took the view that the main O.P. itself could be decided instead of going into the interlocutory application.