APHC010080892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3329]

(Special Original Jurisdiction)

THURSDAY,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CIVIL MISCELLANEOUS APPEAL NO: 534/2025 Between:

1. Y ADALA RAJASEKHAR, S/O. LATE DEVADANAM, AGED ABOUT

64 YEARS, SECRETARY OF (JEWETT MEMORIAL BAPTIST CHURCH) R/O C E SOCIETY KABADIPALEM, ONGOLE, PRAKASAM DISTRICT ...APPELLANT AND

1. KOLLAM SUVARNARAJU, S/O VENKATESH, AGED ABOUT 68 YEARS, R/O KABADIPALEM ONGOLE, PRAKASAM DISTRICT.

2. MANDA DAVADANAM CHENNAIAH, S/O MOSHE, AGED ABOUT

65 YEARS, R/O 3RD LANE, CLOUGHPET, ONGOLE, PRAKASAM DISTRICT.

3. BHIMAVARAPU PETER BABU, S/O JACOB, AGED 45 YEARS, ARAVADANDUPALEM, ONGOLE.

4. VOOLA JAYA KUMARI, D/O JOSEPH, AGED ABOUT 45 YEARS, KABADIPALEM, ONGOLE.

5. PASUMARTHI JOSEPH, (DIED)

6. TELIA KRUPATANAM, (DIED)

7. TELIA YESUPADAM, , S/O KUMARDAS, AGED 40 YEARS, CHRISTIANAPALEM, ONGOLE.

8. THELLA THIMOTHI, S/O GEORGE, AGED ABOUT 45 YEARS.

EAST CHRISTIANAPALEM, ONGOLE

9. K PADMA, W/O GANGAVARAPU JOSH, AGED ABOUT 64 YEARS, CLOUTHPET, 3 RD LANE ONGOLE, PRAKASAM DISTRICT.

10. K ODAMALA ALWIN, S/O SAMUEL ISAK, AGED ABOUT 64 YEARS, CLOUTHPETA, 4TH LANE, ONGOLE.

11. K OTHAPALLI MANOGNA KUMAR, , S/O JOHN WILSON, AGED ABOUT 42 YEARS, RAILPETA, ONGOLE, PRAKASAM DISTRICT.

12. P JAYA RAO, (DIED)

13. K SUVARTHAMMA, D/O JAYARAO, AGED ABOVE 62 YEARS, MAMIDIPALEM

14. P NIRMALA JOHN BABU, W/O JOHN BABU AGED 62 YEARS, KABADIPALEM, ONGOLE.

15. T ELIA DAVID RAJU, S/O PARAMANDAM, AGED 46 YEARS, ONGOLE

16. T ELIA VICTOR PAUL, S/O KUMARDAS, AGED ABOUT 40 YEARS. EAST CHRISTIANPALEM, ONGOLE.

17. P ANDI SAMUEL RAJU, S/O MOSES, AGED ABOUT 62 YEARS, KABADIPALEM, ONGOLE, PRAKASAM DISTRICT. 18. S ANDRAPATI ABRAHAM, S/O JAFREE (DIED), 19. P ANDI SUDHEER KUMAR, S/O BENJIMAN, AGED ABOUT 59 YEARS, KABADIPALEM, ONGOLE PRAKASAM DISTRICT.

20. T ELIA EMMANUEL, S/O GEORGE, AGED 60 YEARS, RAILPETA, ONGOLE.

21. M RAVINDRA NATH, (DIED)

22. T ELIA VIJAYAKUMARI, (DIED)

23. R JOSEPH, S/O NOT KNOWN. AGED ABOUT 53 YEARS, RAILPETA, ONGOLE.

24. T M C BENJIMAN, (DIED)

25. K GIADSTON, (DIED)

26. P ANDI JAYAKUMAR, SC/O ATCHAIAH, KABADIPALEM, ONGOLE.

27. J MB CHURCH, ONGOLE REP.BY ITS PRESIDENT AND CHAIRMAN SWAROOP KUMAR, 28. B ARUNA, W/O NOT KNOWN, AGED 50 YEARS, JMB CHURCH COMMITTEE MEMBER, TRUNK ROAD, ONGOLE.

29. Y SWAROOP, S/O NOW KNOWN, AGED 62 YEARS, JMB CHURCH COMMITTEE MEMBER. TRUNK ROAD, ONGOLE.

30. K RAVI KUMAR, S/O NOT KNOWN, AGED 45 YEARS, JMB CHURCH COMMITTEE MEMBER. JMB CHURCH, TRUNK ROAD, ONGOLE, (3 TO 30 RESPONDENTS ARE NOT A NECESSARY PARTIES)

...RESPONDENT(S):

Counsel for the Appellant:

1. SOMISETTY GANESH BABU Counsel for the Respondent(S):

1. VENKATESWARLU SANISETTY HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA C.M.A.No.534 of 2025 This Court made the following

JUDGMENT:

The present C.M.A. is filed aggrieved by the order dated 02.12.2024 in I.A.No.1063 of 2024 in SROP NO.5 of 2017 passed by the I Additional District & Sessions Judge, Prakasam at Ongole wherein petition filed under Order XXXIX Rules 1 and 2 and Section 151 of CPC by the petitioners/respondent Nos.1 and 2 herein is allowed by restraining the respondent No.18/appellant herein from conducting elections to the JMB Church and to the arising vacancies in the month of December, 2024 and also to the Executive Body in the absence of authorized memberships and General Body Registrar till the disposal of SROP No.5 of 2017.

2. Heard learned counsel for the appellant and learned counsel for respondents and perused the material on record.

3. At the time of hearing of the present CMA both the counsel represented that since the main SROP No.5 of 2017 is itself posted for arguments and prayed that while disposing of the present CMA consider the prayer the District Registrar (Firms and Societies), Ongole who is the appropriate authority to conduct elections in respect of Respondent No.27 in the present appeal / Respondent No.26 in SROP No.5 of 2017 after having finalization of eligible and