Karnataka High Court
The Karnataka Christian Educational ... vs The Church Of South India on 28 March, 2022
Author: H.B.Prabhakara Sastry
Bench: H.B.Prabhakara Sastry
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY
WRIT PETITION No.44610 OF 2018 (GM-CPC)
BETWEEN:
THE KARNATAKA CHRISTIAN EDUCATIONAL SOCIETY
BALMATTA, MANGALORE
REPRESENTED BY REV. HANIBAL KABRAL,
PRINCIPAL, KARNATAKA
TECHNICAL COLLEGE
... PETITIONER
(BY SRI. SAILESH S. KATAREY, ADVOCATE)
AND:
1. THE CHURCH OF SOUTH INDIA
REPRESENTED BY ITS MODERATOR,
MAJOR,
THE CHURCH OF SOUTH INDIA
SYNOD SECRETARIAT, CATHEDRAL
RESIDING AT CHENNAI
TAMIL NADU 600086
2. THE SYNOD OF THE CHURCH OF
SOUTH INDIA REPRESENTED BY ITS MODERATOR ,
MAJOR
THE CHURCH OF SOUTH INDIA
SYNOD SECRETARIAT, CATHEDRAL,
RESIDING AT CHENNAI
TAMIL NADU-600086
W.P.No.44610/2018
2
3. THE CHURCH OF SOUTH INDIA
TRUST ASSOCIATION, A COMPANY
REGISTERED UNDER THE COMPANY'S ACT 1913
HAVING ITS REGISTERED OFFICE AT
CHENNAI AND REPRESENTED BY ITS HON. SECRETARY
REV. D.R.SADANANDA
AGED ABOUT 55 YEARS,
RESIDING AT CHENNAI
TAMIL NADU
4. THE INTERIM DIOCESAN ADMINISTRATIVE
COMMITTEE FOR KARNATAKA SOUTHERN
DIOCESE OF THE CHURCH OF SOUTH INDIA
HAVING ITS OFFICE IN BALMATTA
MANGALORE
AND REPRESENTED BY ITS BISHOP
AND POWER OF ATTORNEY HOLDER
RT. REV. BISHOP MOHAN MANORAJ
RESIDING AT BISHOP'S HOUSE,
BLMATTA, MANGALORE.
5. REV. EDMIN WALTER
S/O O. PETER KOTAIN
MAJOR,
NEAR NILGIRIS MILK DAIRY,
BALMATTA, NEW ROAD
MANGALORE
6. REV. HARRY JOHN
MAJOR
CSI HARDWICKE MEMORIAL CHURCH
VANIVILAS ROAD,
MYSORE
7. REV. D PUSHPARAJ
MAJOR,
CSI CHURCH HOLENARASIPURA
HASSAN DISTRICT
W.P.No.44610/2018
3
8. JAYAKAR SADHU
MAJOR
HASSAN
9. DR (MISS) A STEPHENS
MAJOR
ANITA CLINIC
NO.21, WESLY ROAD
MYSORE
10 . MRS. SUNDARAM CHINTAMANY
W/O REV. CHINTAMANI
MAJOR,
CSI SAWDEY MEMORIAL CHURCH
MANDYA
11 . S J SANNATHA KUMAR
MAJOR
HARDWICKE HIGH SCHOOL
MYSORE
12 . THE EVANGELICAL MISSIONARY SOCIETY
BASEL (BASEL MISION),
REPRESENTED BY ITS PRESIDENT
REV. W GENGWAGEL
CH4003, BASEL
13 . THE UNITED BASEL MISSION
CHURCH TRUST ASSOCIATION
IN INDIA
REPRESENTED BY ITS CHAIRMAN
EVANGELISCHIS MISSIONSWERK
STULTGART
VOGELSANGSTRASSE-62
GERMANY
14 . CHRISTOPHER KARKADA
S/O DEVADATTA KARKADA
PRASAD APARTMENTS
BALMATTA ROAD,
W.P.No.44610/2018
4
BANDORE WELL
MANGALORE-575001
15 . V I JOSHUA
S/O LATE EZRA JOSHUA
AGED ABOUT 68 YEARS
OPP. YMCA
SHATHI CHURCH ROAD,
MANGALORE
16 . DR. L L JOSHUA
S/O LATE I JOSHUA
AGED ABOUT 61 YEARS
RESIDING AT JOSHUA COMPOUND
BALMATTA, NEW ROAD
MANGALORE
17 . LT. M D MUTHU
S/O JOSHIYA MUTHU
AGED ABOUT 86 YEARS
SEA VIEW, NEAR RC CHURCH
MANIPAL
18 . NEWMAN L. ISAAC
S/O LATE SAMUEL S. ISAAC
AGED ABOUT 74 YEARS
ISSACS CORNER
KOLAMBE
UDUPI
19 . S C KARKADA
S/O WELVIN D KARKADA
AGED ABOUT 70 YEARS
KARKADA COMPOUND
UDUPI
20 . E HEBICH KOTIAN
S/O VICTOR KOTIAN
AGED ABOUT 70 YEARS
NEAR HEBICH MEMORIAL CHURCH
W.P.No.44610/2018
5
GORIGUDDA
MANGALORE
21 . ALWYN D SOANS
S/O LATE E B SOANS
AGED ABOUT 65 YEARS
NO.2, TWIN COTTAGE
BALMATTA, MISSION COMPOUND
MANGALORE
22 . ALWYN M ANANDA
S/O O.T.ANANDA
AGED ABOUT 58 YEARS
NEAR SHANTHI CHURCH
BALMATTA
MANGALORE
23 . VINCENT S KARKADA
S/O IMMANUEL D KARKADA
AGED ABOUT 50 YEARS
NO.5-1-117B,
NEAQR MISSION COMPOUND
UDUPI
...RESPONDENTS
****
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH ANNEXURE-
A PASSED BY LEARNED DISTRICT JUDGE, DAKSHINA KANNADA
ON 19.3.2018 IN O.S.NO.7/1991; STAY ALL FURTHER
PROCEEDINGS PENDING BEFORE THE DISTRICT COURT IN
O.S.NO.7/1991 PENDING DISPOSAL OF THE CIVIL APPEAL
NO.4813/2017 PENDING BEFORE THE HON'BLE SUPREME
COURT.
THIS WRIT PETITION COMING ON FOR ORDERS, THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
W.P.No.44610/2018
6
ORDER
Counsel for the petitioner once again prays for one more week's time to comply with the office objections. Perusal of the order sheet would go to show that in this petition of 2018, several and sufficient opportunities to comply the office objections has already been granted. A perusal of the order sheet would also go to show that sufficient opportunities as last chance and last final chance everything has been exhausted for more than five times and still the learned counsel has not complied with the office objections. Hence, rejecting his request, the petition stands dismissed for non-compliance of office objections.
Sd/-
JUDGE RD