THE HON’BLE SMT JUSTICE K. SUJANA CIVIL REVISION PETITION No.1902 OF 2023

ORDER :

This Civil Revision Petition is filed by the revision petitioner aggrieved by the order dated 24.04.2023 passed in CMA.No.73 of 2019 by the X Additional Chief Judge, City Civil Court, Hyderabad confirming the order dated 31.07.2019 passed in I.A.No.729 of 2018 in O.S.No.1913 of 2018 by the XX Junior, Civil Judge, City Civil Court, at Hyderabad.

2. I.A.No.729 of 2018 is filed under Order 39 Rule 1 and 2 read with Section 151 of CPC by the respondents/plaintiff Nos.1 and 2 praying the Court to grant interim injunction in their favour and restraining the petitioner/defendant No.1 and respondent No.3/defendant No.2, their subordinates, assistants and all other persons claiming through them from causing any type of interference in the use and enjoyment of all rights and privileges in the capacity of registered members of church, by attending all affairs, prayers, seminars and spiritual activities in the premises of “Methodist Hindustani Church”.

3. The contention of the respondents/plaintiff Nos.1 and 2 in I.A.No.729 of 2018 in O.S.No.1913 of 2018 is that the respondents/plaintiff Nos.1 and 2 belong to Christian faith and they are the members of “Methodist Hindustani Church”, Chapel Road, Nampally since, 1981 and 1987 respectively and the original certificate of membership was issued to the respondent/plaintiff No.1 on 31.01.1997 confirming and acknowledging his membership and the respondent/plaintiff No.2 was also issued with original certificate of membership on 28.03.1999. It is further submitted by the respondents/plaintiff Nos.1 and 2 that by virtue of the above mentioned certificates, the respondents/plaintiff Nos.1 and 2 had the legal right to enjoy with all privileges and rights to attend all spiritual and social gathering at Methodist Hindustani Church.

4. Petitioner/defendant No.1 being the Secretary and respondent No.3/defendant No.2 being the Pastor of the said Church issued suspension letters to the respondents/plaintiff Nos.1 and 2 stating that they are suspended from membership of the Church for a period of six (06) months with effect from 20.04.2018. Since the date of suspension, the petitioner/defendant No.1 had restrained the respondents/plaintiff Nos.1 and 2 from enjoying their rights. It is further submitted by the respondents/plaintiff Nos.1 and 2 that the suspension orders issued by the petitioner/defendant No.1 and respondent No.3/defendant No.2 are illegal and are against the principles of natural justice and therefore, prayed the Court to grant interim injunction in their favour.

5. The petitioner/defendant No.1 filed the counter opposing the petition by denying all the allegations and contended that the suspension letters were issued to the respondents/plaintiff Nos.1 and 2 by the petitioner/defendant No.1 and respondent No.3/defendant No.2 on behalf of the centenary Methodist Hindustani Church and that decision for suspending the respondents/plaintiff Nos.1 and 2 was taken by the Pastorate Conference – The Governing body of the Church as per the Book of Disciplines on the recommendations of the Pastorate Committee – The Executive Body and the petitioner/defendant No.1 and respondent No.3/defendant No.2 issued the order to the respondents/plaintiff Nos.1 and 2 in capacity of Secretary and Pastor of the Centenary Methodist Church. It is further contended that the Church is not made a party as it is the decision of the Church not by the individual capacity as the Church issued an agenda for the Pastorate Committee meeting held on 11.02.2018 at the Church Office and as per the said agenda several decisions were taken and further decided to receive report from the Committee on Conciliation, Peace and Discipline on gross misconduct of Mr.Daniel Parker/petitioner No.2 in I.A.No.729 of 2018 and agenda was circulated and adopted unanimously and the Secretary and Pastor have issued a notice on respondents/plaintiff Nos.1 and 2 through re