APHC010607882022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL REVISION PETITION NO: 2329/2022 Between: 1. AKKABATHULA SAMEL, S/O CHITTIBABU, CHRISTIAN, AGED ABOUT 48 YEARS, R/O CHURCH PETA,OPP ST.PETER'S LUTHERN CHURCH,RAJAHMUNDRY, E.G.DIST., ST.PETERS LUTHERN CHURCH, REPRESENTED BY ITS PASTOR, DHANAVAIPETA, RAJAHMUNDRY., 2. A.E.L.CHURCH, , REPRESENTED BY ITS PRESIDENT, REGISTERED OFFICE, NEAR THALUKA OFFICD, GUNTUR ...PETITIONER(S) AND 1. PITTA SUMAN, S/O.VIJAYA PRASAD, CHRISTIAN, AGE 49 YEARS, BUSINESS, R/O.VIJAYA BHAVAN, PRAKASH NAGAR PARK, RAJAHMUNDRY, E.G.DISTRICT., 2. NALLI J SAMSON, S/O.JHON CHITTI, CHRISTIAN, AGED 45 YEARS, BUSINESS, NEHRU NAGAR, RAJAHMUNDRY., 3. PENUMALA SEKHAR BABU, , S/O.RAJA BABU, CHRISTIAN, AGED 45 YEARS, BUSINESS, R/O.SUBBARAO PETA, RAJAHMUNDRY, E.G. DISTRICT., 4. VARDHANAPU VICTOR SAMADHANAM, SLO. LATE RAJA RATHNAM, CHRISTIAN, AGE 40 YEARS, RETIRED EMPLOYEE, R/O.SUBBARAOPETA, RAJAHMUDNRY, E.G.DISTRICT ...RESPONDENT(S): Petition under Article 227 of the Constitution of India,praying that in the circumstances stated in the grounds filed herein,the High Court may be pleased topleased to set aside the impugned order dated 01.11.2022 in I.A.No.449/2022 in S.O.P.9/2022 on the file of the Court of the District Judge Court, Rajahmundry and pass IA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to grant stay of all other proceedings in S.O.P.No.9/2022 on the file of the District Judge Court, Rajahmundry, pending disposal of CRP., and pass IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased May be pleased It is most respectfully prayed that this Hon'ble Court may be pleased to Take these facts on record and direct the V Additional District 2 Judge, Rajahmundry, to Dismiss the main S.O.P. No. 9 of 2022 which now has been transferred to VIII Additional District who is acting as incharge judge for the V Additional District judge, as the same has been rendered infructuous and a dead letter due to expiry of the Respondents terms and the overriding judicial mandate of the Division Bench in W.A. No.1033 of 2023 and Dispose of the present Civil Revision Petition (C.R.P. No. 2329 of 2022) in light of the aforementioned supervening events and Pass Counsel for the Petitioner(S): 1. R K ACHARYULU 2. GUMMADI RAWNS SOLOMON Counsel for the Respondent(S): 1. SRIMAN The Court made the following: 3 THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL REVISION PETITION No.2329 of 2022 ORDER: 1. The petitioners are aggrieved by the order dated 01.11.2022 passed in I.A.No.449 of 2022 in S.O.P.No.9 of 2022 by the learned V Additional District Judge, East Godavari. The petitioners are arrayed as respondents 1 and 3 in I.A.No. 449 of 2022 and also in S.O.P No.9 of 2022. 2. The interlocutory application was filed seeking an injunction restraining the 1st respondent from interfering with the petitioners’ management of the 2nd respondent Church. A similar relief was also sought against respondent No.3; however, the petitioners subsequently filed a memo seeking to treat respondent No. 3 as a proforma party. The learned Judge granted the injunction as prayed for and restrained the 1st respondent, by way of a temporary injunction, from interfering with petitioner Nos.1 to 4 in managing the affairs of the 2nd respondent Church. 3. The learned counsel for the petitioners submits that Section 23 of the Societies Registration Act mandates that such an application be filed before the competent Court having jurisdiction over the 2nd petitioner herein. 4. It is submitted that the 2nd petitioner–Church herein is situated in Guntur, and therefore, the learned Principal District Judge, Guntur, would have territorial jurisdiction to deal with the affairs of the 4 Society and disputes among its members or committee. It is further submitted that Section 23 of the Act contemplates resolution of such disputes either by invoking the provisions of the Arbitration and Conciliation Act, 1996 or by filing an application before the competent District Court. 5. In view of the above, since the 2nd petitioner–Church is situated in Guntur, the learned V Additional District Judge, East Godavari at Rajamahendravaram would have no jurisdiction to entertain S.O.P.No. 9 of 2022. 6. The learned counsel appearing for the 2nd petitioner submits that the affairs of the 2nd petitioner-Church is presently under the control of a Controller appointed pursuant to the orders passed in W.A. No.1033 of 2023, along with W.A. Nos. 746, 1052, 1053 and 1163 of 2023. By the said order, the Hon’ble Division Bench of this Court took note of the existence of three rival groups, each claiming control over the 2nd petitioner. 7. Accordingly, the Hon’ble Division Bench appointed a retired Judge of the Hon’ble Supreme Court of India as Controller, who shall continue to function until a new management is put in place. The Controller has been entrusted with the responsibility of overseeing and managing the day-to-day affairs of the Society and to administer the same in accordance with his directions and instructions. 5 8. In view of the order passed by the Hon’ble Division Bench in the batch of writ appeals, the conduct of the affairs of the 2nd petitioner shall stand relegated to the Controller appointed by the Hon’ble Division Bench of this Court. 9. In view of the above considerations, this Court is of the considered view that the Civil Revision Petition deserves to be disposed of with an observation that S.O.P. No. 9 of 2022, on the file of the learned V Additional District Judge, Rajamahendravaram, shall be forwarded to the Controller appointed by the Hon’ble Division Bench of this Court in W.A.No.1033 of 2023 and batch for consideration of the dispute raised thereto. 10. With the above observation, the Civil Revision Petition is closed. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N KGM 6 207 THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL REVISION PETITION No.2329 of 2022 Dated 08.04.2026 KGM