APHC010887292017 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI APPEAL SUIT NO: 1086/2017 Between: 1. DASARI YACOB, S/O.LATE MOSES, AGED 54 YEARS, R/O. LINGAMURTHY CENTRAL, VUYYURU, MAIN ROAD, VUYYURU, KRISHNA DISTRICT. 1. THE TRUST ASSOCIATION REG NO 12/1960 AND 26 THE CONVENTION OF THE BAPTIST CHURCHES OF THE NORTHERN CIRCARS (CBCNC 1614949), REP. BY ITS CHAIRMAN, T.D.S.KUMAR, S/O.LATE SAMUEL, AGED 60 YEARS, D.NO.5/49, MASTERMEN STREET,YELAMANCHILI, VISAKHAPATNAM DIST. 2. DASARI SAMUEL, S/O. BHUSHABNM, C.B.M.CHURCH, KAIKALURU, W.G.DIST. 3. MERELLA PRASADA RAO DIED, 4. PILLI PALUS, S/O.LATE SATYANAIS,SAMKPKVRO AGED 64 YEARS, R/O.G-3,M G.S.SYAM COMPLEX, BANDER ROAD, VIJAYAWADA, KRISHNA DISTRICT. 5. MERELLA JOHN THOMAS, S/O. LATE ANANDA RAO AGED 51 YEARS, C.B.M.CHURCH, PEDDAPURAPPADU, VIA. GOLLALAPALEM, EAST GODAVARI DISTRICT. 6. BEERA DAVIUD, S/O.NOT KNOWN TO THE APPELLANT, AGED 74 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE SECOND DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA APPEAL SUIT NO: 1086/2017 DASARI YACOB, S/O.LATE MOSES, AGED 54 YEARS, R/O. LINGAMURTHY CENTRAL, VUYYURU, MAIN ROAD, VUYYURU, KRISHNA DISTRICT. ...APPELLANT AND THE TRUST ASSOCIATION REG NO 12/1960 AND 26 THE CONVENTION OF THE BAPTIST CHURCHES OF THE NORTHERN CIRCARS (CBCNC 1614949), REP. BY ITS CHAIRMAN, T.D.S.KUMAR, S/O.LATE SAMUEL, AGED 60 YEARS, D.NO.5/49, MASTERMEN STREET,YELAMANCHILI, VISAKHAPATNAM DIST. DASARI SAMUEL, S/O. BHUSHABNM, AGED ABOUT 56 YEARS, C.B.M.CHURCH, KAIKALURU, W.G.DIST. MERELLA PRASADA RAO DIED, - PILLI PALUS, S/O.LATE SATYANAIS,SAMKPKVRO AGED 64 3,M G.S.SYAM COMPLEX, BANDER ROAD, VIJAYAWADA, KRISHNA DISTRICT. MERELLA JOHN THOMAS, S/O. LATE ANANDA RAO AGED 51 YEARS, C.B.M.CHURCH, PEDDAPURAPPADU, VIA. GOLLALAPALEM, EAST GODAVARI DISTRICT. BEERA DAVIUD, S/O.NOT KNOWN TO THE APPELLANT, AGED 74 IN THE HIGH COURT OF ANDHRA PRADESH [3558] THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY JUSTICE TUHIN KUMAR GEDELA DASARI YACOB, S/O.LATE MOSES, AGED 54 YEARS, R/O. LINGAMURTHY CENTRAL, VUYYURU, MAIN ROAD, VUYYURU, ...APPELLANT THE TRUST ASSOCIATION REG NO 12/1960 AND 26 OTHERS, OF THE CONVENTION OF THE BAPTIST CHURCHES OF THE NORTHERN CIRCARS (CBCNC 1614949), REP. BY ITS CHAIRMAN, T.D.S.KUMAR, S/O.LATE SAMUEL, AGED 60 YEARS, D.NO.5/49, MASTERMEN STREET,YELAMANCHILI, VISAKHAPATNAM DIST. AGED ABOUT 56 YEARS, PILLI PALUS, S/O.LATE SATYANAIS,SAMKPKVRO AGED 64 3,M G.S.SYAM COMPLEX, BANDER ROAD, MERELLA JOHN THOMAS, S/O. LATE ANANDA RAO AGED 51 YEARS, C.B.M.CHURCH, PEDDAPURAPPADU, VIA. BEERA DAVIUD, S/O.NOT KNOWN TO THE APPELLANT, AGED 74 2 CMR,J & GTK,J A.S.No.1086 of 2017 YEARS, RETD. HEAD MASTER, NIDANAM DODDI, ANAKAPALLE, VISAKHAPATNAM DISTRICT. 7. N RUBEN, S/O. NOT KNOWN TO THE APPELLANT, AGED 58 YEARS, RIO.18-112, PEDAGADILI, DAIRY FARM POST, VISAKHAPATNAM. 8. JAMI FRANCIS, S/O. KNOWN TO THE APPELLANT, AGED 71 YEARS, RETD. HEAD MASTER, PURUSHOTHAPURAM, CHINAMUSHIDIWADA, PENDURTHI MANDAL, VISAKHAPATNAM DIST 9. SMT J MALINI TYAGARAJ, W/O.H.R.TYAGARAJ, AGED ABOUT 58 YEARS, C/O. JAYCEE GRAPHICS PVT. LTD., FLAT NO.403, VENKATAGIRI APARTMENTS, BOMMANA LANE, KACHIGUDA, HYDERABAD. 10. H R TYAGARAJ, S/O.NOT KNOWN TO THE APPELLANT, AGED ABOUT 66 YEARS, C/O. JAYCEE GRAPHICS PVT. LTD., FLAT NO.403, VENKATAGIRI APARTMENTS, BOMMANA LANE, KACHIGUDA, HYDERABAD. 11. T A ISSAC, S/O.LATE ABRAHAM, AGED ABOUT. 76 YEARS, ISSACD ROAD, TSN COLONY, DONDAPARTHI, VISAKHAPATNAM. 12. BATHINA SOLOMON RAJU, S/O.NOT KNOWN TO THE APPELLANT, AGED ABOUT 71 YEARS, RETD. TEACHER, RAILWAY STATION ROAD, ANNAVARAM, EAST GODAVARI DISTRICT. 12. BATHINA SOLOMON RAJU, S/O.NOT KNOWN TO THE APPELLANT, AGED ABOUT 71 YEARS, RETD. TEACHER, RAILWAY STATION ROAD, ANNAVARAM, EAST GODAVARI DISTRICT. 13. MATTA RAJASEKHAR RAO, S/O.NOT KNOWN TO THE APPELLANT, AGED 68 YEARS, RETD. TEACHER, BODAGUNTA, CHELLAPALLI MANDAL, KRISHNA DISTRICT. 14. SMT PULI APPAYYAMMA, W/O. LATE JOSEPH, AGED ABOUT 71 YEARS, RIO.D.NO. 10-1-6, HILL CREST BUNGLOW COMPOUND, WALTAIR UPLANDS, VISAKHAPATNAM. 3 CMR,J & GTK,J A.S.No.1086 of 2017 15. PULI KRUPA RAO, S/O.LATE JOSEPH, AGED ABOUT 51 YEARS, R/O.D.NO. 10-1-6, HILL CREST &MEOW COMPOUND WALTAIR UPLANDS., 16. SMT PULI MARY, W/O.LATE LAZARUS, AGED ABOUT 51 YEARS, R/O.D.NO. 10-1-6, HILL CREST BUNGLOW COMPOUND, WALTAIR UPLANDS, VISAKHAPATNAM. 17. SMT BATHINA SANTA KUMARI, W/O.B.KRISHNA, AGED ABOUT 46 YEARS, R/O.D.NO. 10-1-6, HILL CREST BUNGLOW COMPOUND, WALTAIR UPLANDS, VISAKHAPATNAM 18. SMT AMARAPALLI SUNDARA MANI, W/O.LATE APPA RAO, AGED ABOUT 48 YEARS, R/O.D.NO. 10-1-6, HILL CREST BUNGLOW COMPOUND, WALTAIR UPLANDS, VISAKHAPATNAM. 19. Y DANIEL, S/O.NOT KNOWN TO THE APPELLANT, AGED ABOUT 56 YEARS, R/O.D.NO. 10-1-6, HILL CREST BUNGLOW COMPOUND, WALTAIR UPLANDS, VISAKHAPATNAM. 20. GOLI RAMAKRISHNA, S/O. NOT KNOWN TO THE APPELLANT, AGED ABOUT 56 YEARS, RJO.D.NO. 10-1-6, HILL CREST BUNGLOW COMPOUND, WALTAIR UPLANDS, VISAKHAPATNAM. 21. CHANNA SARADHI, S/O.NOT KNOWN TO THE APPELLANT, AGED ABOUT 64 YEARS, R/O.D.NO. 10-1-6, HILL CREST BUNGLOW COMPOUND, WALTAIR UPLANDS, VISAKHAPATNAM. 22. Y SOLOMON RAJU, S/O. NOT KNOWN TO THE APPELLANT, AGED ABOUT 51 YEARS, R/O.D.NO. 10-1-6, HILL CREST BUNGLOW COMPOUND, WALTAIR UPLANDS, VISAKHAPATNAM. 23. V JACOB FOHN, NOT KNOWN TO THE APPELLANT, AGED ABOUT 50 YEARS, R/O.D.NO. 10-1-6, HILL CREST BUNGLOW COMPOUND, WALTAIR UPLANDS, VISAKHAPATNAM. 24. LAZARUS PAUL, NOT KNOWN TO THE APPELLANT, AGED ABOUT 51 YEARS, R/O.D.NO. 10-1-6, HILL CREST BUNGLOW COMPOUND, WALTAIR UPLANDS, VISAKHAPATNAM. 25. SMT ANGALURI SURYAKANTHAM, W/O.LATE A. VENKATA RAO, AGED ABOUT 51 YEARS, R/O.D.NO. 10-1-6, HILL CREST BUNGLOW COMPOUND, WALTAIR UPLANDS, VISAKHAPATNAM. 4 CMR,J & GTK,J A.S.No.1086 of 2017 26. SMT S SATYAVATHI, W/O.LATE S.GEORGE EMMANUEL, AGED ABOUT NOT KNOWN, R/O.D.NO. 10-1-6, HILL CREST BUNGLOW COMPOUND, WALTAIR UPLANDS, VISAKHAPATNAM. 27. S JOHN WESLEY, S/O.LATE S.GEORGE, EMMANUEL, AGED ABOUT NOT KNOWN, . R/O.D.NO. 10-1-6, HILL CREST BUNGLOW COMPOUND, WALTAIR UPLANDS, VISAKHAPATNAM. ...RESPONDENT(S): Appeal against the Judgment and Decree in O.S. No.18 of 2009 dated 23-01-2017 on the file of the Court of the I Addl. Dist. Judge, Visakhapatnam, for the following IA NO: 1 OF 2017(ASMP 2714 OF 2017 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 To condone the delay of 170 days in filing the above appeal against the said judgment and decree in OS.No. 18 of 2009 dt 23-01-2017 on the file of I Addl. Dist Judge, Visakhapatnam and pass. IA NO: 1 OF 2021 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 to amend the cause titile of the respondent no.1 as follows: The Trust Association of the Convention of Baptist churches of the Northern Circars CBCNC Regd No. 12/1960 rep. by its Chairman Sri H.S.S. Paul S/o. Late Jayapal, aged about 47 years, R/o. D.No. 4-9-31 Roy nagar, Srikakulam 532001 in the place of The Trust Association of the convention of Baptist Churches of the Northern circars CBCNC Regd.No. 12/1960 rep. by its chairman T D S Kumar son of late Samuel Christian aged 60 years resident of D.No. 5165 Master Man street Elamanchili Visakhaptnam District 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 pass an order of Temporary Injunction by Order 39 Rule 1 and 2 R/w 94 of CPC restraining the Respondents No. 9 and 10 from conducting any activity on the Suit Scheduled Property that may alter the physical features of 5 CMR,J & GTK,J A.S.No.1086 of 2017 the property and / or create any third party rights in the Suit Scheduled Property pending disposal of the Appeal Suit 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 implead the petitioners 1 and 2 herein as respondents 28 and 29 in AS No. 1086 of 2017 as well as in IAs pending in the said case and to 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 pleased to permit the petitioner to file following documents as additional material papers in AS.No.1086 of 2017 pending disposal of the main Writ petition and pass Counsel for the Appellant: 1. P SRI RAM Counsel for the Respondent(S): 1. VAJJHALA SATYANARAYANA PRASAD 2. V V RAVI PRASAD 3. T LAKSHMI NARAYANA 4. M M M SRINIVASA RAO 6 CMR,J & GTK,J A.S.No.1086 of 2017 The Court made the following: JUDGMENT: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) When the matter is taken up for hearing, learned counsel for the appellant seeks permission to withdraw the appeal. 2. Permission is accorded. 3. Therefore, the Appeal Suit is dismissed as withdrawn. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, including I.A.No.1 of 2021 and I.A.No.2 of 2023 shall stand closed. ________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY _____________________________ JUSTICE TUHIN KUMAR GEDELA Date: 02.03.2026 MDP