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2026 Supreme(Mad) 2202

IN THE HIGH COURT OF JUDICATURE AT MADRAS 
P. DHANABAL, J. 
P.Karunanidhi – Appellant
Versus
Jeyaratchakar C – Respondent 
A.Nos.6433 to 6456, 6459 to 6465 to 6478 of 2025 & A Nos.19, 20, 221, 223 to 252 and 299 of 2026 in C.S.No.311 of 2025 
Decided On : 12-02-2026 

Advocates Appeared:
For the Appellant : Mr.V.Raghavachari, Senior Counsel for M/s Kingsly Solomon, Mr.Vinet Subramani, Ms.J.Johnsy Greeta, Mr.S.Thankasivan for Ms.M.Akila Mr.Thankasivam for Mr.Jebaselvan Newman, Mr.D.Ebenezer Mangalaraj, Ms.N.Vijayamalathi

ORDER :

P. DHANABAL, J.

These Applications have been filed by the applicants to implead them as defendants in the Main Suit in C.S.No.311 of 2025. Since all the applicants have filed separate applications to implead them as parties in the main suits, all the applications are taken up together and a common order is passed.

2. According to the applicants, they are the members of various Church CSI Thoothukudi Nazareth Diocese of South India. The respondents 1 and 2, being the plaintiffs have filed a suit in C.S.No.311 of 2025 to declare the elections conducted by the 3rd defendant herein at various levels on various dates on 09.11.2025, 15.11.2025, and 22.11.2025 in respect of CSI TND as null and void; permanent injunction restraining the 3rd defendant from conducting the election of CSI Thoothukudi Nazareth Diocese scheduled to be held on 13.12.2025, 30.12.2025 and 31.12.2025 and on any subsequent dates in accordance with 3rd defendant’s fresh election mandate dated 31.10.2025; mandatory injunction to recover dues, to continue election process and prohibit the defaulters and permanent injunction restraining the 3rd respondent from allowing defaulters from 2018 to 2024 to participate in the election of office bearers of CSI TND; The applicants have held various posts in various church and therefore, they are also proper and necessary parties to the suits and without their presence, the suits cannot be disposed of, therefore all the applicants have to be impleaded as necessary parties to the suits.

3. The respondents filed counter denying the averments made in the affidavits and stated that the same are false. The applicants have made various averments in respect of erstwhile office bearers, therefore, they ought to have filed separate suits, but without filing separate suits, now, the applicants have filed these applications only to delay the proceedings. The elected candidates are not necessarily required to be impleaded and every elected candidates are party to the proceedings for adjudicating the issue raised and there is sufficient representation for the Church. Though the Hon’ble Division Bench of this Court in W.A.Nos.3069-3072 of 2025 ordered for status quo, the 5th respondent not maintained the status quo and proceeded to conduct elections contrary to the orders of the Status quo. These applicants are neither proper nor necessary parties to the proceedings, therefore, only to delay the proceedings, these applications have been filed, therefore, the applications are liable to be dismissed.

4.Heard the learned counsel on either side and perused the documents placed on record.

5. These applications have been filed by the applicants, who are members of the various church and erst while office bearers of the church - CSI Thoothukudi- Nazareth Diocese and the respondents / plaintiffs filed the suits challenging the election process. According to the applicants, they are also proper and necessary parties because the applicants have also held various posts on various occasions in various places, therefore, they are also proper and necessary parties to the suit. thereby the applicants are also proper and necessary parties to the suits.

6. Already this Court passed passed an order of Interim Injunction in Original Application No.1204 of 2025 in C.S.No.311 of 2025 dated 26.12.2025 and same was challenged by way of Original Side Appeals before the Hon’ble Division Bench of this Court in O.S.A.Nos.10 to 13, 15 and 16 of 2026 and the Hon’ble Division Bench of this Court by Judgment dated 22.01.2026 observed that impleading petitions filed by some of the applicants, which were pending on the date of pendency of the appeal have to be impleaded, therefore, considering the above said facts and taking note of the fact that the applicants are also to be heard, in order to avoid multiplicity of the proceedings and to get valid and binding decree, it is appropriate to allow these applications and by allowing these applications, no prejudice would be

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