Gethsemane Lutheran Church vs Rev D Arul Alexander on 12 July, 2013

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Karnataka High Court

Gethsemane Lutheran Church vs Rev D Arul Alexander on 12 July, 2013

Bench: K. Bhakthavatsala

                         1



IN THE HIGH COURT OF KARNATAKA AT BANGALORE

      DATED THIS THE 12TH DAY OF JULY 2013

                     BEFORE

     THE HON'BLE DR. JUSTICE K. BHAKTHAVATSALA

      WRIT PETITION NO.38315/2012 (GM-CPC)


BETWEEN :

1.     GEETHSEMANE LUTHERAN CHURCH
       (IELC), NO.01, PLATFORM ROAD
       SESHADRIPURAM
       BANGALORE-560 020
       REPRESENTED BY ITS PRESIDENT
       A. RAJAMANICKAM

2.     S. JOHN SUNDERAM
       SECRETARY
       GEETHSEMANE LUTHERAN CHURCH
       (IELC), NO.01, PLATFORM ROAD
       SESHADRIPURAM
       BANGALORE-560 020

3.    J. THEODRE
      TREASURER
      GEETHSEMANE LUTHERAN CHURCH
      (IELC) NO.01, PLATFORM ROAD
      SESHADRIPURAM
      BANGALORE-560 020
                                  ...PETITIONERS
(BY SRI. M.J. AMARNATH, ADV., FOR
 S. VASANTH MADHAV & GOPAL, ADVS.,)
                               2



AND :

REV. D. ARUL ALEXANDER
S/O LATE DAVID
AGED ABOUT 45 YEARS
PASTOR OF TRINITY LUTHERAN CHURCH
(IELC) MARIKUPPAM
KOLAR GOLD FIELD
KOLAR DISTRICT-563 011
                               ... RESPONDENT
(BY SRI. C. VIJAY KUMAR, ADV.)

    THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING    TO    DIRECT       THE    TRIAL    COURT      THE
ADDITIONAL CITY CIVIL COURT, MAYO HALL UNIT,
BANGALORE TO DISPOSE OFF THE MISCELLANEOUS
PETITION        IN         MISCELLANEOUS             PETITION
NO.25057/2011         AND         EXECUTION          PETITION
NO.25087/2011          WHICH           ARE           PENDING
ADJUDICATION, FORTHWITH AND WITHIN A TIME
BOUND PERIOD BY PASSING SUCH OTHER ORDERS.

    THIS PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:


                       ORDER

Petitioners are before this Court seeking direction to the trial Court to dispose of the Miscellaneous Petition No.25057/11 and Execution 3 Case in E.P.No.25087/2011, both pending on the file of the Additional City Civil Court (CCH-20), Mayo Hall, Bangalore, within a specified time.

2. Learned counsel for the petitioners submit that respondent is dragging on the matter and therefore, the Miscellaneous Petition and Execution Petition are still pending.

3. There is no material placed on record to show that the petitioners moved the Court below for early disposal of the petitions. Under such circumstances, there is no cause of action before this Court for giving any such direction.

4. In the result, the writ petition fails and the same is hereby rejected with liberty to the petitioners to approach the trial Court and seek for early disposal of the cases.

In view of the above, I.A.No.1/2013 for early disposal does not survive for consideration and the same is disposed of accordingly.

Sd/-

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