2023 Supreme(Telangana) 275
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
P. NAVEEN RAO, J.
Rt. Rev. Dr. Prof. K. Reuben Mark S/o Late K. Shadrach – Petitioner
Versus
E. Prabhu Kumar S/o Late Kanakaraj – Respondent
Civil Revision Petition No. 2789 of 2022
Decided On : 10-02-2023
Advocate Appeared:
For the Petitioners: J. Prabhakar, K. Kalyani.
For the Respondent: V. Raghunath.
Headnote:
Constitution of India,1950 - CSITA Committee of Management Resolution - Interfering with internal affairs of Medak Diocese and functioning - Defendants in internal matter of CSI Diocese under the guise of Extract of the CSITA Committee of Management Resolution - Appointing enquiry commission pertaining to alleged property - Held, Court is asked to do - is under an obligation to the Court to make the fullest possible disclosure of all material facts within his knowledge, and if he does not make that fullest possible disclosure, then he cannot obtain any advantage from the proceedings, and he will be deprived of any advantage he may have already obtained by means of the order which has thus wrongly been obtained by him - petition is allowed
ORDER :
1. Heard learned senior counsel Sri J.Prabhakar for revision petitioner and learned counsel Sri V.Raghunath for respondents.
2. This revision is preferred challenging the injunction order dated 24.11.2022 passed by the XX Junior Civil Judge, City Civil Court, Hyderabad, in IA.No. 1065 of 2022 in OS.No. 4938 of 2022.
3. Before going into the merits of the case, the facts which are shocking, are required to be noted.
4. On 22.11.2022 plaintiff filed OS.No. 4932 of 2022. OS.No. 4932 of 2022 was filed praying to grant the following relief:
“declare the action/interference of the defendants in the internal matter of the CSI Medak Diocese under the guise of Extract of the CSITA Committee of Management Resolution; Dated 13-05-2022 and Reference-vide Resolution No. F-23 dated 22-09-2020 followed by letter No. TA/19/115/2022 dated 13.6.2022 and letter dated 22.7.2022 appointing enquiry commission pertaining to the alleged property, institutional and financial matters in Medak Diocese as illegal, null and void and violation of Constitution of CSI and principles of natural justice.
Consequently relief grant the permanent injunction restraining the defendants, nominees, appointees, agents, executors, administrators or any one acting on their behalf from interfering with the internal affairs of Medak Diocese and functioning of the Bishop in Medak.”
5. The said suit was registered on 23.11.2022, recorded filing of caveat and the trial Court assigned the date of hearing as 27.01.2023.
6. While so, on 24.11.2022 plaintiff filed another suit, praying to grant the following relief:
“declare the action/interference of the defendants in the internal matter of the CSI Medak Diocese under the guise of Extract of the CSITA Committee of Management Resolution; letter dated 22.7.2022 appointing enquiry commission pertaining to the alleged property, institutional and financial matters in Medak Diocese as illegal, null and void and violation of Constitution of CSI and principles of natural justice.
Consequently relief grant the permanent injunction restraining the defendants, nominees, appointees, agents, executors, administrators or any one acting on their behalf from interfering with the internal affairs of Medak Diocese and functioning of the Bishop in Medak.”
7. In the said suit, an Out of Order hearing was requested. Request was accepted. The suit was numbered as O.S. No. 4938 of 2022. This time caveat was not noted.
8. In the second suit, plaintiff filed IA.No. 1065 of 2022 praying to grant interim injunction against interference in internal matters including function of Bishop. On the very same day a memo was also filed in OS.No. 4932 of 2022 to advance the date of hearing of the suit by stating that plaintiff does not intend to prosecute the suit. Based on the said memo, the date of hearing of OS.No. 4932 of 2022 was advanced and the suit was dismissed as withdrawn.
9. On 24.11.2022 the trial Court passed injunction order in IA.No. 1065 of 2022 in OS.No. 4938 of 2022, which reads as under:
“Accordingly, issue Ad-interim injunction in favour of petitioner and against the respondents, restraining the respondent and their nominees including their appointees, representative, executors, assignees, agents, successors, etc and all those who claim under them from interfering with the internal matters and administration including functioning of the Bishop in conducting 37th diocesan Council and administration of Medak Diocesan, in any manner contrary to the law and the provisions of the constitution of CSI of Synod as well as the constitution of CSI of Medak Diocese, and enjoyment of the elected representatives from performing their duties until 09-12-2022. The petitioner shall comply the Order-39, Rule-3 C.P.C. Proviso before injunction is issued.”
10. It is appropriate to note that with the same prayer between the same parties, two days after filing of first suit, another suit was filed between the same parties seeking same relief with minor changes, which are