JEYPORE EVANGELICAL LUTHERAN CHURCH Vs. SURENDRA KUMAR BAGH

JUDGEMENT

(1.) Defendant Nos. 1, 2, 11, 13 and 14 in Title Suit No. 4 of 2002 pending before the learned Civil Judge (SD), Jeypore have approached this Court assailing the order dated 9-8-2004 (Annexure-5) passed by the District Judge, Koraput, Jeypore in FAO No. 8 of 2002 reversing the order dated 17-12-2002 (Annexure-4) passed by the Civil Judge (SD), Jeypore in MJC No. 2 of 2002 filed under Order 39, Rules 1 and 2 of the Code of Civil Procedure in aforesaid Title Suit No. 4 of 2002:

(2.) The aforesaid Title Suit has been filed by opposite parties 1 to 5 as plaintiffs with the prayer to pass a decree in their favour and against the defendants, i.e.- (a) to hold that there was no election for electing any of the office bearers in the hierarchy of defendant No. 1 Church Council; (b) to hold that defendant Nos. 2 to 17 are self-styled office bearers; (c) to direct defendant No. 18 to chalk out appropriate measures to control the administration of defendant No. 1 Society at Jeypore: and (d) to pass such other orders as the Hon'ble Court deems fit and proper.

(3.) Along with the plaint the plaintiffs filed a petition under Order 39, Rules 1 and 2 read with Section 151 of the Code of Civil Procedure which was registered as MJC No. 2 of 2002 praying.- (1) to restrain the defendant-opposite parties from conducting the consecration of opposite party No. 3 on 20-1-2002; (2) to permit the petitioners and the Christian public at large to make Sunday prayers as before separately from that of the group of the defendant-opposite parties; (3) to direct opposite party No. 18 to take immediate action to bring out a solution in the affairs of defendant-opposite party No. 1 both in administrative and religious fields; and