APHC010183072025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY,THE TWELFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI CIVIL MISCELLANEOUS APPEAL NO: 221/2025 Between: 1. DASARI YACOB, S/O. LATE MOSES, MALE, AGED 59 YEARS, SELF-CLAIMINGAS CHAIRMANOF TRUSTASSOCIATIONOF CBCNC R/O FLAT NO.501, LINGAMURTHY CENTRAL, VUYYURU MUNICIPALITY, 1. THE CONVENTION OF BAPTIST CHURCHES OF THE NORTHERN CIRCARS, , AT KAKINADA, HAVING REGISTERED OFFICE AT CBCNC HEAD QUARTERS, CBM COMPOUND, RAMARAOPETA OF KAKINADA TOWN, KAKINADA MANDAL, E.G.DISTRICT. REP BY ITS SECRETARY MUTHABATHU SOMANNA, AGE 80 YEARS. SECRETARY OF THE CONVENTION OF BAPTIST CHURCHES OF THE NORTHERN CIRCARS, OFFICE AT CBCNC HEAD QUARTERS, CBM COMPOUND, RAMARAOPETA OF KAKINADA TOWN, KAKINADA MANDAL, E.G.DIST. 2. THE CBM JUNIOR COLLEGE AND HIGH HAVING REGISTEREDOFFICE AT CBCNC HEAD QUARTERS, CBM COMPOUND, RAMARAOPETA OF KAKINADA TOWN, KAKINADA MANDAL, E.G.DISTRICT. REP BY MUTHABATHULA RATNA KUMAR, S/O. VERRIYYA, MALE, AGE 47 YEARS. CORRESPONDENT OF CBM COLLEGES, R/O. CB IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWELFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CIVIL MISCELLANEOUS APPEAL NO: 221/2025 DASARI YACOB, S/O. LATE MOSES, MALE, AGED 59 YEARS, CLAIMINGAS CHAIRMANOF TRUSTASSOCIATIONOF CBCNC R/O FLAT NO.501, LINGAMURTHY CENTRAL, VUYYURU ...APPELLANT AND THE CONVENTION OF BAPTIST CHURCHES OF THE NORTHERN CIRCARS, , AT KAKINADA, HAVING REGISTERED OFFICE AT CBCNC HEAD QUARTERS, CBM COMPOUND, RAMARAOPETA OF KAKINADA TOWN, KAKINADA MANDAL, E.G.DISTRICT. REP BY ITS SECRETARY MUTHABATHULA VERRIYYA, S/O SOMANNA, AGE 80 YEARS. SECRETARY OF THE CONVENTION OF BAPTIST CHURCHES OF THE NORTHERN CIRCARS, OFFICE AT CBCNC HEAD QUARTERS, CBM COMPOUND, RAMARAOPETA OF KAKINADA TOWN, KAKINADA MANDAL, THE CBM JUNIOR COLLEGE AND HIGH SCHOOL, AT KAKINADA HAVING REGISTEREDOFFICE AT CBCNC HEAD QUARTERS, CBM COMPOUND, RAMARAOPETA OF KAKINADA TOWN, KAKINADA MANDAL, E.G.DISTRICT. REP BY MUTHABATHULA RATNA KUMAR, S/O. VERRIYYA, MALE, AGE 47 YEARS. CORRESPONDENT OF CBM COLLEGES, R/O. CBCNC HEAD IN THE HIGH COURT OF ANDHRA PRADESH [3524] THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI JUSTICE MAHESWARA RAO KUNCHEAM DASARI YACOB, S/O. LATE MOSES, MALE, AGED 59 YEARS, CLAIMINGAS CHAIRMANOF TRUSTASSOCIATIONOF CBCNC R/O FLAT NO.501, LINGAMURTHY CENTRAL, VUYYURU ...APPELLANT THE CONVENTION OF BAPTIST CHURCHES OF THE NORTHERN CIRCARS, , AT KAKINADA, HAVING REGISTERED OFFICE AT CBCNC HEAD QUARTERS, CBM COMPOUND, RAMARAOPETA OF KAKINADA TOWN, KAKINADA MANDAL, E.G.DISTRICT. REP LA VERRIYYA, S/O SOMANNA, AGE 80 YEARS. SECRETARY OF THE CONVENTION OF BAPTIST CHURCHES OF THE NORTHERN CIRCARS, OFFICE AT CBCNC HEAD QUARTERS, CBM COMPOUND, RAMARAOPETA OF KAKINADA TOWN, KAKINADA MANDAL, SCHOOL, AT KAKINADA HAVING REGISTEREDOFFICE AT CBCNC HEAD QUARTERS, CBM COMPOUND, RAMARAOPETA OF KAKINADA TOWN, KAKINADA MANDAL, E.G.DISTRICT. REP BY MUTHABATHULA RATNA KUMAR, S/O. VERRIYYA, MALE, AGE 47 YEARS. CNC HEAD QUARTERS, CBM COMPOUND, RAMARAOPETA OF KAKINADA TOWN, KAKINADA MANDAL, E.G.DISTRICT. 3. THE TRUST ASSOCIATION OF THE CONVENTION OF BAPTIST CHURCHES OF THE NORTHERN CIRCARS, AT KAKINADA HAVING REGISTERED OFFICE AT CBCNC HEAD QUARTERS, CBM COMPOUND, RAMARAOPETA OF KAKINADA TOWN, KAKINADA MANDAL, E.G.DISTRICT. REP BY ITS CHAIRMAN MUTHABATHULA RATNA KUMAR, S/O. VERRIYYA, MALE, AGE 47 YEARS, R/O. CBCNC HEAD QUARTERS, CBM COMPOUND, RAMARAOPETA OF KAKINADA TOWN, KAKINADA MANDAL, E.G.DIST. 4. MUTHABATHULA VERRIYYA, S/O SOMANNA, AGE 80 YEARS. SECRETARY OF THE CONVENTION OF BAPTIST CHURCHES OF THE NORTHERN CIRCARS OFFICE AT CBCNC HEAD QUARTERS, CBM COMPOUND, RAMARAOPETA OF KAKINADA TOWN, KAKINADA MANDAL, E.G. DISTRICT. 5. MUTHABATHULA RATNA KUMAR, S/O. VERRIYYA, MALE, AGE 47 YEARS. CORRESPONDENT OF CBM COLLEGES AND CHAIRMAN OF TRUST ASSOCIATION OF CBCNC, R/O. CBCNC HEAD QUARTERS, CBM COMPOUND, RAMARAOPETA OF KAKINADA TOWN KAKINADA MANDAL, E.G. DISTRICT., CELL 7095678889, NO-EMAIL ID. 6. RACHURI MAHALAKSHMI, W/O. VIJAYA SAMUEL BABU, FEMALE, AGE 36 YEARS, SELF-CLAIMING SECRETARY OF CBCNC R/O D.NO 8-156, KATURU ROAD, VUYYURU MUNICIPALITY. 7. DEEPAK KUMAR, S/O. NOT KNOWN TO THE PLAINTIFFS, MALE, SELF-CLAIMING AS CHAIRMAN OF TRUST ASSOCIATION OF CBCNC, R/O. VUYYURU MUNICIPALITY. 8. KAKI EMMANUEL, S/O. NOT KNOWN TO THE PLAINTIFFS, MALE, SELF-CLAIMING AS CHAIRMAN OF TRUST ASSOCIATION OF CBCNC R/O. VUYYURU MUNICIPALITY. 9. H S S PAUL, S/O.JAYAPAUL, MALE, SELF-CLAIMING AS CHAIRMAN OF TRUST ASSOCIATION OF CBCNC, R/O. 4-9-3, ROY COLONY, SRIKAKULAM TOWN, SRIKAKULAM DIST. 10. MASA AUGUSTINE MESHAC, S/O. DAVID, MALE, SELF-CLAIMING AS PRESIDENT OF CBCNC R/O. RAMESWARAM VILLAGE, KAKINADA TOWN, E.G.DIST.-X 11. DASARI GLORY, W/O. DANIEL, FEMALE, SELF-CLAIMING AS PRESIDENT OF CBCNC, R/O. KANKIPADU VILLAGE, NEAR VIJAYAWADA, KRISHNA DISTRICT. 12. ADRUSTA KUMAR, S/O. NOT KNOWN TO THE PLAINTIFFS, MALE, SELF-CLAIMING AS PRESIDENT OF CBCNC, R/O. CBM CHURCH BOBBIN, SRIKAKULAMDISTRICT. 13. G SUNDAR RAJU, S/O. NOT KNOWN TO THE PLAINTIFFS, MALE, SELF-CLAIMING AS PRESIDENT OF CBCNC R/O. CBM CHURCH AKIVEEDU, AKIVEEDU MANDAL, W.G. DISTRICT. 14. ADDURI PRASANNA KUMAR, S/O. NOT KNOWN TO THE PLAINTIFFS, MALE, SELF-CLAIMING AS SECRETARIES OF CBCNC, R/O. 426, RK COLONY, NH 16, TUNI. W.G. DISTRICT. 15. ROYYA RAJ KUMAR, S/O. NOT KNOWN TO THE PLAINTIFFS, MALE, SELF-CLAIMING AS SECRETARIES OF CBCNC, R/O. CURRENCY PETA, CBM CHURCH, VIJAYAWADA A.P. 16. CHANDRA KUMAR, S/O. NOT KNOWN TO THE PLAINTIFFS, MALE, SELF-CLAIMING AS SECRETARIES OF CBCNC, R/O. CURRENCY PETA, CBM CHURCH, VIJAYAWADA A.P ...RESPONDENT(S): Appeal Under Section_____against orderspleased to allow the C.M.A. by setting aside the decree and judgment in I.A.No.143 of 2025 in O.S.No.25 of 2025 dated 28/02/2025 on the file of the Honble IV Additional District and Sessions Judge, Kakinada and pass IA NO: 1 OF 2025 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 to permit me to dispense with the filing of certified copy of order in I.A.No. 143 of 2025 in O.S.No. 25 of 2025, dated 28/02/2025 on the file of the Hon’ble IV Additional District & Sessions Judge, Kakinada and pass su IA NO: 2 OF 2025 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 suspend the order in I.A.No. 143/2025 in O.S.No. 25 of 2025 dated 28/02/2025 on the file of the Hon’ble IV Additional District & Sessions Judge, Kakinada and pass Counsel for the Appellant: 1. K S MURTHY ASSOCIATES Counsel for the Respondent(S): 1. INAPURAPU SURYANARAYANA The Court made the following: THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CIVIL MISCELLANEOUS APPEAL NO: 221/2025 JUDGMENT: (per Ravi Nath Tilhari, J) Heard Sri Ponnada Sri Vyas, learned counsel appearing for the appellant. No representation for the respondents. In previous dates also there was no representation for the respondents. 2. The appellant is defendant No.2 in O.S.No.25 of 2025 pending in the court of IV Additional District & Sessions Judge, Kakinada. The suit was filed by the plaintiffs/respondent Nos.1 to 5 against the present appellant and the rest of the respondent Nos.6 to 16. In the said suit ad-interim temporary injunction in I.A.No.143 of 2025 was granted on 28.02.2025 also directing the plaintiffs to comply with the mandatory injunction under Order 39 Rule 1 & 2 CPC. 3. The present appellant filed objections/counter in I.A.No.143 of 2025. 4. The appellant has filed the present appeal under Order 43 Rule 1(U) CPC against the order dated 28.02.2025 passed in I.A.No.143 of 2025 by the learned Trial Court. 5. On 24.04.2025 a Co-ordinate Bench passed the following order: “I.A.No.1 of 2025 Heard. Dispensed with for the present. C.M.A.No.221 of 2025 Heard Sri K.S. Murthy, the learned Senior Counsel for the appellant and the learned counsel appearing for the caveators/respondents. This appeal is preferred against the ad-interim injunction passed in I.A.No.143 of 2025 in O.S.No.25 of 2025 on the file of IV Additional District & Sessions Judge Court, Kakinada dated 28.02.2025. The learned Senior Counsel appearing for the appellant submits that already there was an injunction granted by the II Additional Civil Judge (Junior Division), Kakinada in I.A.No.750 of 2023 in O.S.No.997 of 2023 dated 20.09.2024, with respect to the plaint ‘A’ schedule property mentioned therein, which is similar to the Item No.1 of the suit schedule property in O.S.No.25 of 2025 on the file of the IV Additional District & Sessions Judge Court, Kakinada. Suppressing the earlier injunction order granted by the learned Junior Civil Judge, the respondent herein filed O.S.No.25 of 2025 on the file of IV Additional District & Sessions Judge Court, Kakinada and obtained ad-interim injunction order dated 28.02.2025, which is assailed in this appeal. Similarly, there was an another injunction order granted by the II Additional Civil judge (Junior Division), Kakinada in I.A.No.238 of 2024 in O.S.No.757 of 2024 dated 16.12.2024 at the instance of the appellant herein, who is the petitioners/plaintiffs therein with respect to the plaint schedule property mentioned therein. That said plaint schedule property is also similar to the plaint schedule property shown in the O.S.No.25 of 2025 on the file of IV Additional District & Sessions Judge Court, Kakinada. Suppressing the above said particulars, the respondents obtained the ad-interim injunction order against the appellant and others herein. Taking advantage of the granting ad-interim injunction, the respondents-plaintiffs are bringing police to the site. On the other hand, the learned counsel appearing for the caveators/respondents submits that already the appellant herein filed counter and vacate stay before the learned District Court, which has granted the ad- interim injunction order dated 28.02.2025 and the matter is now posted to 30.04.2025. He also further submits that, the appellant herein was representing an un-registered Association and the same was also suspended by the Court and he contends that the appellant cannot represent such Association and file the appeal before this Hon’ble Court. Since the matter is listed on 30.04.2025, for hearing in I.A.No.143 of 2025 in O.S.No.25 of 2025 on the file of IV Additional District & Sessions Judge Court, Kakinada and as the appellant herein filed the counter and vacate stay, the same shall be taken up by the learned District Judge on that day. Upon hearing both the parties, appropriate orders shall be passed on merits as expeditiously as possible. Both the parties are directed to co-operate for the early disposal of the said I.A. List on 26.06.2025.” 6. On 22.08.2025 a Co-ordinate Bench passed the following order: “Mr.K.S.Murthy, learned Senior Counsel appearing for the appellant submits that despite the order dated 24.04.2025, I.A.No.143 of 2025 was not disposed of so far. He submits that in fact the respondents obtained ad interim injunction order by suppressing the material facts and taking advantage of the same, they are acting prejudicial to the interest of the appellant herein. Be that may. He seeks time to file copies of the docket proceedings of the learned Trial Court. Let the needful be done within a period of three (03) weeks. It is made clear that the pendency of the present appeal would not come in the way of the learned IV Additional District Judge to dispose of the I.A., in accordance with the provisions of CPC/Law as also in terms of the order dated 24.04.2025. No representation on behalf of the respondents. List the matter on 19.09.2025.” 7. On 19.09.2025, the Co-ordinate Bench found from the docket proceedings of the Trial Court that IA had been taken up for arguments and finally on 15.10.2025 order was passed to secure instructions as to whether any orders were passed in I.A. 8. Learned counsel for the appellant submits that I.A.No.143 of 2025 is pending for disposal. He has also filed memo of documents bringing on record the order dated 06.08.2025 and pointing out the same he submits that, ad-interim temporary injunction granted by the Trial Court has not been extended. 9. In view of the order dated 06.08.2025 as also the orders passed by the Co- ordinate Bench, we are of the view that as I.A.No.143 of 2025 for grant of temporary injunction filed by the plaintiffs/respondents is pending before the learned Trial Court, to which the appellant-defendant has already filed objections/counter and as ad-interim injunction order has not been extended, no useful purpose would be served in keeping the appeal pending and the same deserves to be disposed of with suitable directions to the learned Trial Court. 10. Accordingly, we dispose of this appeal with the direction to the learned Trial Court to consider and decide I.A.No.143 of 2025 in O.S.No.25 of 2025 within a period of three (03) months from the date a copy of this order is produced before the learned Court. 11. It has been pointed out by the learned counsel for the appellant that the regular Court is vacant and the work is with the Court in-charge. If it be so, the learned Court in-charge shall do the needful. No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed. ____________________ RAVI NATH TILHARI,J ______________________________ MAHESWARA RAO KUNCHEAM,J Dated:12.11.2025 AG 146 THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CIVIL MISCELLANEOUS APPEAL NO: 221/2025 Dated:12.11.2025 AG