APHC010382092023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY,THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN CIVIL MISCELLANEOUS APPEAL NO: 351/2023 Between: 1. RT.REV.CH.ISAIAH RAJU, S/O REV. CH.RAJA RAO (LATE), AGED ABOUT 45 YEARS, BISHOP/PRESIDENT, WEST GUNTUR SYNOD, ANDHRA EVANGELICAL LUTHERAN CHURCH, 0/0 ST.PAULS'S LUTHERAN CHURCH, PETRUVARIPALEM, NARASARAOPET MANDAL, PALNADU/GUNTUR DISTRICT. R/O PARISH PASTOR, CHRIST LUTHERAN CHURCH, PARK CENTRE, MACHARLA TOWN, PALNADU DISTRICT. ...APPELLANT AND 1. REV K FREDERICK PARADESI BABU, S/O. K.SURYA RAO, AGED ABOUT 68, ANDHRA EVANGELICAL LUTHERAN CHURCH, POST BOX NO. 205, R/O. BECKER COMPOUND, LODGE CENTER, BRODIPET, GUNTUR. 2. REV JANGALA PABHAKAR, S/O NOT KNOW, AGED ABOUT 60 YRS, ANDHRA EVANGELICAL LUTHERAN CHURCH, PRAKASH NAGAR, NEAR RAILWAY STATION, NARASARAOPET, PALANADU DISTRICT. 3. REV KATIKALA YESUDANAM, S/O. PRAKASAM, AGED ABOUT 47 YRS, OCC. PASTOR, CENTENARY CHRIST LUTHERAN CHURCH, RENLACHINTALA, PALNADU DISTRICT. ...RESPONDENT(S): Appeal Under Section_____against orderspleased to set aside the order passed dismissing the I.A No.468/2022 in SOP No.551/2022 on the file of the file of I Addl. District Judge, Guntur, dated 15.06.2023 and pass IA NO: 1 OF 2023 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 stay all further proceedings in pursuance to the order passed in I.A.No.468/2022 in S.O.P.No.551/2022, dated 15.06.2023, on the file of the I Addl. District Judge, Guntur, pending disposal of the above Civil Misc. Application, and pass IA NO: 2 OF 2023 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 ad-interim injunction restraining the respondents and their men from ever interfering into the affairs, internal transfers and administrative activities Christ Lutheran Church, Park Centre, Macharla, Palanadu, Guntur District, and also Pastoral services in the respective Churches in West Guntur Synod, pending disposal of the CMA and pass Counsel for the Appellant: 1. P DURGA PRASAD Counsel for the Respondent(S): 1. G ELISHA 2. DASARI NAVEEN The Court made the following: THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN CIVIL MISCELLANEOUS APPEAL NO: 351/2023 JUDGMENT: Appellant in the present appeal preferred S.O.P. No.551/2022 on the file of Principal District Judge, Guntur, seeking permanent injunction restraining defendant and their associates in interfering with West Guntur Synod affairs including administrative activites of Churches of West Synod in any manner except in accordance with due process of law. 2. Appellant claimed to be elected President of said West Guntur Synod Church, having elected on 14/15 of April, 2020 in 83rd Annual Convention of West Guntur Synod for a term of five years commencing from 01.06.2020 to 31.05.2025. Appellant also filed I.A. No.468 of 2022 for ad interim injunction pending S.O.P. The same came to be rejected by order dated 15.06.2023 by I Additional District Judge, Guntur, against which present appeal is preferred. 3. Heard Sri P.Durga Prasad, learned counsel for appellant, Sri G.Elisha, learned counsel, representing on behalf of 2 CGR, J CMA. No.351 of 2023 respondents 1 and 2 and Sri Dasari Naveen, learned counsel, representing on behalf of 3rd respondent. 4. Learned counsel for respondent, on last occasion, brought to the notice of this Court that matter has rendered infructuous and also the term for which the appellant has elected had expired. Learned counsel for appellant does not dispute the factum of appellant being elected for a period of five years, which ended by 31.05.2025. 5. In view of the same, as the very basis on which S.O.P. and also I.A. therein came to be filed was that appellant was duly elected President for a period of five years and as he deemed to have been demitted the office by efflux of time, the cause of action no longer survives. 6. Accordingly, this appeal stands dismissed. No costs. As a sequel, miscellaneous petitions, pending consideration, if any, in this case shall stand closed. _______________________ CHALLA GUNARANJAN, J 14.08.2025 SS