Judgment

MOHAN, J.:- Leave granted.

2. The short facts leading to this appeal are under:

The premises in dispute is a Church property situate at No. 16, Sudder Street, Calcutta including the out-house. The first respondent, Kalyan Kumar Kisku ,filed a suit bearing No. 328 of 1988 before the High Court of Calcutta, for declaration of title, in his capacity as Secretary of Durgapur Diocese. It was claimed in the said suit that the Durgapur Diocese consisted of three rooms and inter alia it was claimed that the possession of Durgapur Diocese may not be disturbed. The suit was directed against the Church of North India and the Durgapur Diocese.

3. The prayers in the said suit are as follows :

"(a) A decree be passed declaring that the premises being No. 16, Sudder Street, Calcutta-16 including the outhouse and garages to which the Durgapur Diocese is in possession and/ or occupation, belong to the said Diocese of Durgapur to the exclusion of Diocese of Calcutta and the Durgapur Diocese alone has the executive right and title to use and enjoy the same;

(b) A decree be passed declaring that until the properties of the Durgapur Diocese are demarcated and or transferred and I or handed over to the Diocese of Durgapur in terms of the resolution of the CNI Synod from the Calcutta Diocese, the power of attorney executed by the Trustees of the Calcutta Diocese Trust Association in favour of the Durgapur Diocese be restored and the Durgapur Diocese will be legally entitled to collect all rents, issues and profits of the assets belonging to the said Diocese of Durgapur;

(c) A decree be passed declaring that the CNI Synod Office bearers have no authority to extend the date of holding the Episcopal Election and in the event of any delay in holding such election the said CNI Synod Office bearers have no right and I or authority to appoint Moderator Commissary and for Episcopal Commissary and the Executive Committee as well as the Diocesan Council of Durgapur cannot be dissolved and/ or superseded and for disturbed and the said council as well as Executive Committee would be allowed to function to its full tenure, i.e. 8-9-1989;

(d) An order be passed granting leave under 0. (1) Rule 8 of the Civil Procedure Code.,

(e) Permanent injunction be granted restraining the defendants from interfering with the functions of the Diocesan Council as well as the Executive Committee of the Durgapur Diocese till the full tenure are over, i.e. 8-9-1989;

(f) Permanent injunction be granted restraining the defendants and their servant sand agents from interfering with the peaceful possession and use and occupation of the premises being No. 16, Sudder Street, Calcutta-16 including the outhouse and garages by the Durgapur Diocese;

(g) Permanent injunction be granted restraining the defendants and their servants and agents from collecting rent, issues and/ or profits of the properties belonging to the Durgapur Diocese in terms of the CNI Synod resolution and by operation of the power of attorney executed and/or to be executed by the Calcutta Diocesan Trust Association until the properties belonging to the Diocese of Durgapur are handed over and/or transferred to the Durgapur Diocese by the Calcutta Diocesan Trust Association (Private).,

(h) Permanent injunction be granted restraining the defendants and particularly the CNI Synod Office bearers in the matter of Episcopal Election and further restraining the defendants from appointing Moderatory Commissary and/or Episcopal Commissary over the Durgapur Diocese,.

(i) Ad interim injunction;

(j) Receiver;

(k) Costs;

(1) Such other relief or reliefs."

4. Pending this suit an interlocutory application was filed and an order dated 20th May, 1988 was passed directing the maintenance of status quo in respect of running of Durgapur Diocese till further orders.

5. On 1st June, 1988 this order was modified stating that the order dated 20th May, 1988 will not stand in the way of retirement of the Bishop which was due on 4th June, 1988 or the app