Madras High Court
The Tamil Baptist Church vs D'Cruz Solomon on 30 June, 2023
C.S.Nos.633, 635, 636 & 637 of 2004
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.06.2023
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA
C.S.Nos.633, 635, 636 & 637 of 2004
In C.S.No.633 of 2004
The Tamil Baptist Church, Kilpauk
by its Chairman Rev. Augustine Moses
... Plaintiff
Vs.
1.D'Cruz Solomon
2.P.Rajamani
3.Victor Swaminathan
4.Madras Chingleput Tamil
(Strict) Baptist Society
5.Madras and Chingleput
Tamil Baptist Synod
... Defendants
In C.S.No.635 of 2004
Tamil Baptist Mission Elementary School,
rep by Mrs.Chandra Leela Paul,
Headmistress and Correspondent
... Plaintiff
Vs.
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C.S.Nos.633, 635, 636 & 637 of 2004
1.Madras & Chinglepet Tamil (Strict)
Baptist Trust Society
2.D'Cruz Solomon ... Defendants
In C.S.No.636 of 2004
Madras and Chengleput Tamil
(Strict) Baptist Trust Society,
Rep by its Treasurer Mr.C.V.Saminathan
... Plaintiff
Vs.
1.Samuel Devanesan
2.Devavaram Williams
3.Paul Jeyaraj
4.Benjamin
5.Chandra Leela Paul ... Defendants
In C.S.No.637 of 2004
The Tamil Baptist Church
rep by its Secretary Mr.D.Williams,
Kilpauk, Madras 600 010. ... Plaintiff
Vs.
The Madras and Chingleput
Tamil Baptist (Strict) Trust
Society by its Secretary
D.Jachene Solomon. ... Defendant
Prayer in C.S.No.633 of 2004: Plaint filed under Order VII Rule 1 of C.P.C.,
praying for the following judgment and decree as against the defendants;
a) to declare the defendants 1 to 3 are not the duly elected office
bearers of the fourth defendant society;
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C.S.Nos.633, 635, 636 & 637 of 2004
b) to grant a consequential permanent injunction restraining the
defendants 1 to 3 from collecting rents and profits or in any other manner
purporting to manage the affairs of the fourth defendant society;
c) directing the defendants 1 to 3 to render a true and proper
account of the funds of the fourth defendant society for the period of their
management;
d) for an injunction restraining the defendants from in any manner
interfering with the functioning of the Tamil Baptist Church and institutions
under the management such as the TBM Elementary School and the Church
Home and the Kilpauk Tamil Baptist Society run under the auspicious of the
first plaintiff and the premises of the Church complex of the plaintiff;
e) restrain by permanent injunction the 5th defendant from
collecting any rents or profits from the suit properties or in any manner
interfering with the management thereof;
f) directing the defendants to pay the costs of the suit.
Prayer in C.S.No.635 of 2004: Plaint filed under Order VII Rule 1 of C.P.C.,
praying for the following judgment and decree as against the defendants;
a) for a permanent injunction restraining the defendants, their men
and agents, servants and others acting on their behalf from in any manner
disturbing their possession and enjoyment of the school premises and
interferes with the management and functioning of the same at
Medavakkam Tank Road, Kilpauk and Madras 10.
b) for costs of the suit;
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C.S.Nos.633, 635, 636 & 637 of 2004
Prayer in C.S.No.636 of 2004: Plaint filed under Order VII Rule 1 of C.P.C.,
praying for the following judgment and decree as against the defendants;
a) Preventing them, their men, agents and servants and others
from erecting, constructing and putting up sheds in the suit property and
thereby interfering with the plaintiff's peaceful possession and enjoyment of
the suit property.
b) to direct the defendants to pay the cost of the suit.
Prayer in C.S.No.637 of 2004: Plaint filed under Order VII Rule 1 of C.P.C.,
praying for the following judgment and decree as against the defendants;
a) declaring that the defendant, his representatives, agents or
servants on behalf of them have no right to hold any meeting in the church
properties situated at No.91, Medavakkam Tank Road, Kilpauk, Madras 10.
b) Consequential permanent injunction restraining the defendant,
his representatives, agents or servants on behalf of them from holding any
meeting or any gathering in the plaintiff premises mentioned in schedule
hereunder;
c) for the costs of the suit.
In all C.S.
For Plaintiff : No representation
For Defendants : No representation
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C.S.Nos.633, 635, 636 & 637 of 2004
COMMON JUDGMENT
When the matters were taken up for hearing on 19.06.2023, there
was no representation for the plaintiff as well as the defendants. Therefore,
the case has been posted on 30.06.2023, under the caption “for dismissal”.
Even today, when the matter was taken up for hearing, there was no
representation for the plaintiff and the defendants in all the suits.
2. Therefore, these Civil Suits are dismissed for default. No costs.
30.06.2023
Index : yes / no
Internet : yes / no
gsk
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C.S.Nos.633, 635, 636 & 637 of 2004
R.N.MANJULA,J.
gsk
C.S.Nos.633, 635, 636 & 637 of 2004
30.06.2023
https://www.mhc.tn.gov.in/judis
