JUDGMENT:

The present Civil Miscellaneous Appeal is filed by the appellant aggrieved by the order dated 27.08.2021 passed in I.A.No.233 of 2021 in S.O.P No.536 of 2021 on the file of the I Additional District Judge, Guntur (for short “the Court below”).

2. The appellant herein is the defendant/1st respondent and the respondents No.1 and 2 herein are the plaintiffs and respondent No.3 herein is the 2nd respondent in SOP No.536 of 2021 before the Court below. The impugned application has been filed by the respondents herein under Order 39 Rules 1 and 2 and Section 151 of CPC for grant of temporary injunction against the respondents No.1 and 2 before the Court below.

3. The parties hereinafter referred to as arrayed before the Court below.

4. The Society O.P No.536 of 2021 was filed by the petitioners against Respondents to restrain them by way of permanent injunction as the 1st petitioner is the absolute Synod Bishop for a term of five years commencing from 2020 to 2025 as per the Constitution and Bylaws of A.E.L.Church. The 1st respondent, who is aged about 69 years, as per his date of birth i.e., 15-05-1953, and as per Constitution of AEL Church/Society, an ordained Pastor gets retired at the age of 65 years and for the Post of President/Moderator he shall be at least 45 years of age and the 1st Respondent is disqualified to hold the post of President/Moderator in AEL Church. Whereas to hold the post of Synod President/Bishop as per the Constitution, he shall be at least 35 years of the age and should not have completed the age of 61 years and even as per newly amended constitution of AEL Church in the year 2019 an ordained Pastor gets retired at the age of 65 years and anyone who completes the age of 65 years is disqualified to hold any office in the AEL Church.

The 2nd Respondent is another Ordained Pastor in AEL Church got elected as Synod Bishop of Central Guntur Synod for the term 2015-2020 under able leadership of President/Moderator - Bishop Most Rev./Dr.K.F. Paradesi Babu. After the completion of 2nd Respondent tenure by 31.05.2020, due to Cavid-19 restrictions, the AEL Church/Society could not conduct Synod Convention and the elections for the post of Synod President/Bishop. The 2nd Respondent after his tenure did not choose to go through next elections held on 23.11. 2020 in which all the six Synods participated in election process of 83rd annual convention to elect their respective Synod Bishops. The 2nd Respondent developed prejudices and got disconnected with the association of President/Moderator Bishop Most Rev.Dr.K.F. Paradesi Babu and colluded with the group of 1st Respondent. The 2nd Respondent categorically admitted that he is an Ex-Bishop of Central Guntur Synod of AEL Church and filed SOP No.1 of 2021 before the V Addl. District & Sessions Judge, Guntur, whereas the 2nd Respondent was communicating by posting messages to the Parish Pastors in Social media as self styled Bishop of Central Guntur Synod of AELC.

The 2nd Respondent was not eligible to contest or to hold any post as per the Constitution and Bylaws. The entire administration of AEL Church is controlled by Executive Council (Apex Body) headed by President/Moderator-Bishop. The Treasurer is one of the Trustees of all the properties. The 1st Respondent absolutely is an outsider as he has retired from service as Parish Pastor from AEL Church/Society on 31.05.2018 on superannuation. The 1st Respondent has unlawfully encroached the Pastor’s quarters and has been residing in the same place without any right or manner and has Illegally encroached St. Mathew’s North Parish/Church in the Beccer Compound, Lodge Center, Guntur which are absolutely the properties of AEL Church.

It is further stated that the Respondents along with a person named Karlapudi Babu Prakash self-styled Treasurer and few anti-social elements attempted to disturb the process of election scheduled on 23.11.2020. Therefore, to avoid the said unpleasant atmosphere, the President/Moderator-B