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Supreme Court - Daily Orders

Executive Board Of Methodist Church In ... vs The State Of Karnataka Police ... on 19 February, 2024

Bench: Dipankar Datta, Sanjay Kumar

                                                          1


     ITEM NO.15                                 COURT NO.5                       SECTION IV-A

                                  S U P R E M E C O U R T O F                I N D I A
                                          RECORD OF PROCEEDINGS

     Miscellaneous Application Nos. 339-341/2024 in SLP(C) Nos.14228-
     14230/2017

     [Arising out of impugned final judgment and order dated 13-11-2017
     in SLP(C) No. 14228/2017; 13-11-2017 in SLP(C) No. 14229/2017 & 13-
     11-2017 in SLP(C) No. 14230/2017 passed by the Supreme Court Of
     India]

     EXECUTIVE BOARD OF METHODIST CHURCH IN INDIA
     DISTRICT SUPERINTENDENT BELAGAVI DISTRICT REV.
     DR. PRABHAKAR SHADRACK                                                           Petitioner(s)

                                                         VERSUS

     THE STATE OF KARNATAKA POLICE HEADQUARTERS
     THE COMMISSIONER OF POLICE & ORS.                                                Respondent(s)

     (FOR ADMISSION)

     Date : 19-02-2024 These matters were called on for hearing today.

     CORAM :
                          HON'BLE MR. JUSTICE DIPANKAR DATTA
                          HON'BLE MR. JUSTICE SANJAY KUMAR

     For Petitioner(s)                   Ms. Misha Rohatgi, AOR

     For Respondent(s)                   Mr. V. N. Raghupathy, AOR
                                         Mr. Manendra Pal Gupta, Adv.

                                         Mr. T. R. B. Sivakumar, AOR

                              UPON hearing the counsel the Court made the following
                                                 O R D E R

1. Read the Office Report dated 14th February, 2024. A request has been received from the Trial Court seized of O.S. No. 16 of 2009 for extension of Signature Not Verified time by six months to conclude the proceedings. Digitally signed by SNEHA DAS Date: 2024.02.20 18:38:58 IST Reason:

2. By an order dated 13th November 2017, this Court while disposing of Special Leave Petition (C) 2 Nos. 14228-14230 of 2017 had required the Trial Court to make a serious endeavour to deliver judgment in O.S. No. 16 of 2009, within a period of six months from date of receipt of a copy of the said order. The Trial Court failed to conclude the proceedings within six months. It appears from the records that between 3rd August, 2018 and 4th July 2023, almost in each year requests have been received by this Court from the Trial Court for extension of time and the requests accepted with the result that the time limit was extended. We have noted that one of such orders granted extension by way of final opportunity whereas another order did record that no further extension shall be granted. However, despite all such extensions and despite endeavours made by the Trial Court, the proceedings of the suit could not be concluded.

4. We have perused the letter of request received from the Trial Court dated 17th January 2024. Considering its contents, we are inclined to the view that there were sufficient reasons which disabled such court to conclude the proceedings of O.S. No. 16 of 2009 within the stipulated time.

3. Having regard to the fact that several extensions have been given, yet, the proceedings could not be concluded, we are also inclined to the 3 view that not only extension, as prayed, ought to be granted but a reasonable time should be given within which the suit can be finally decided without the Trial Court being under any obligation to seek further extension. Accordingly, we grant time to the Trial Court till the end of February, 2025 to conclude the proceedings in accordance with law. We hope and trust that the Trial Court shall conclude the proceedings within a year.

4. With the aforesaid direction, the present miscellaneous application stands disposed of.

5. Pending application(s), if any, shall stand disposed of.

     (SNEHA DAS)                                               (VIDYA NEGI)
SENIOR PERSONAL ASSISTANT                                  ASSISTANT REGISTRAR