LAWS(KAR)-2010-3-263

N. JOHN S/O LATE NARAYANA @ NATHENICAL, SRI P. INBAM S/O LATE PAUL RAJ AND SRI J. MOHAN KUMAR S/O N. JOHN Vs. INDIA EVANGELICAL, LUTHERAN CHURCH REP. BY ITS PRESIDENT REV J. SAMUEL AND REV. J. PRESTLY BALASINGH S/O LATE B. JACOB, PASTOR, HOPE LU

Decided On March 30, 2010
N. John S/O Late Narayana @ Nathenical, Sri P. Inbam S/O Late Paul Raj And Sri J. Mohan Kumar S/O N. John Appellant
V/S
India Evangelical, Lutheran Church Rep. By Its President Rev J. Samuel And Rev. J. Prestly Balasingh S/O Late B. Jacob, Pastor, Hope Lu Respondents

JUDGEMENT

(1.) THIS appeal is disposed of after hearing both sides finally.

(2.) THE appellants are the plaintiffs in the trial court and they are aggrieved by the I.A. filed by them being rejected and the said I.A was filed for staying the operation and execution of the expulsion order dated 1.6.2009 passed by the Ist defendant India Evangelical Lutheran Church (IELC).

(3.) ON the other hand, submission of the learned Counsel for the respondents is that there is an appeal provision as per the bye laws of IELC and the plaintiffs without having taken recourse to the said remedy, have approached the trial court and therefore the learned Judge of the trial court has rightly dismissed the application filed and moreover -having thus expelled the appellants from the IELC, the trial court cannot even grant the final relief in the matter and as such, the question of granting any interim order does not arise.