Karnataka High Court
The Interim Diocesan vs The Church Of South India on 4 April, 2022
Author: H.B.Prabhakara Sastry
Bench: H.B.Prabhakara Sastry
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF APRIL 2022
BEFORE
THE HON'BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY
WRIT PETITION No.44609 OF 2018 (GM-CPC)
BETWEEN:
THE INTERIM DIOCESAN
ADMINISTRATIVE COMMITTEE
FOR KARNATAKA SOUTHERN DIOCESE
OF THE CHURCH OF SOUTH INDIA,
BALMATTA,
REPRESENTED BY ITS
BISHOP AND POWER OF ATTORNEY
HOLDER,
RT.REV MOHAN MANORAJ
BALMATTA,
MANGALORE.
..PETITIONER
(By SRI. SAILESH S K, 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
WP.No.44609/2018
2
SYNOD SECRETARIAT,
CATHEDRAL,
RESIDING AT CHENNAI
TAMIL NADU-600086.
3. THE CHURCH OF SOUTH INDIA
TRUST ASSOCIATION, A COMPANY
REGISTERED UNDER THE
COMPANYS ACT 1913.
HAVING IS REGISTERED
OFFICE AT CHENNAI AND
REPRESENTED BY ITS
HON. SECRETARY
REV D.R.SADANANDA
AGED ABOUT 55 YEARS,
RESIDING AT CHENNAI
TAMIL NADU.
4. REV .EDMIN WALTER
S/O PETER KOTAIN
MAJOR,
NEAR NILGIRIS MILK DAIRY,
BALMATTA,
NEW ROAD
MANGALORE.
5. REV. HARRY JOHN
FATHER'S NAME NOT KNOWN
MAJOR
CSI HARDWICKE MEMORIAL CHURCH
VANIVILAS ROAD,
MYSORE.
6. REV. D PUSHPARAJ
FATHER'S NAME NOT KNOWN
MAJOR,
CSI CHURCH HOLENARASIPURA
HASSAN DISTRICT.
7. JAYAKAR SADHU
FATHER'S NAME NOT KNOWN
MAJOR
HASSAN.
WP.No.44609/2018
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8. DR. (MISSS) A STEPHENS
FATHER'S NAME NOT KNWON
MAJOR
ANITA CLINIC
NO.21, WESLY ROAD
MYSORE.
9. MRS. SUNDARAM CHINTAMANY
W/O REV. CHNATAMANI
MAJOR,
CSI SAWDEY MEMORIAL CHURCH,
MANDYA.
10 . S. J. SANNATHA KUMAR
FATHER'S NAME NOT KNOWN
MAJOR
HARDWICKE HIGH SCHOOL,
MYSORE.
11 . THE EVANGELICAL MISSIONARY SOCIETY
BASEL (BASEL MISION),
REPRESENTED BY ITS PRESIDENT
REV. W.GENGWAGEL,
CH4003,
BASEL.
12 . THE UNITED BASEL MISSION
CHURCH TRUST ASSOCIATION
IN INDIA
REPRESENTED BY ITS CHAIRMAN
EVANGELISCHIS MISSIONSWERK,
STULTGART,
VOGELSANGSTRASSE-62
GERMANY.
13 . THE KARNATAKA CHRISTIAN
EDUCATIONAL SOCIETY,
BALMATTA, MANGALORE
REPRESENTED BY
REV. HANIBAL KABRAL,
PRINCIPAL,
KARNATAKA TECHNICAL COLLEGE.
WP.No.44609/2018
4
14 . CHRISTOPHER KARKADA
S/O DEVADATTA KARKADA
AGED ABOUT 83 YEARS,
PRASAD APARTMENTS,
BALMATTA ROAD,
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.
WP.No.44609/2018
5
20 . E. HEBICH KOTIAN
S/O VICTOR KOTIAN,
AGED ABOUT 70 YEARS,
NEAR HEBICH MEMORIAL CHURCH,
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 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,
NEAR MISSION COMPOUND
UDUPI.
...RESPONDENTS
This Writ Petition is filed under Article 227 of the
Constitution of India praying to issue an order or direction in the
nature of a writ of certiorari quashing Annexure A passed by the
learned District Judge, Dakshina Kannada on 19-3-2018 in
O.S.No.7/1991 and issue an order or direction in the nature of a
writ of certiorari staying 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
WP.No.44609/2018
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Court and for costs and such other relief as this Hon'ble Court
deems fit in the interest of justice and equity.
This Writ Petition coming on for Orders through Physical
Hearing/Video Conferencing Hearing, this day, the Court made
the following:
ORDER
None appear for the petitioner either physically or through Video Conference. No reasons are forthcoming for his non-appearance.
2. In spite of granting several and sufficient opportunities, the petitioner has not complied the office objections. On 07.12.2021, this Court had made the following observations :
" At request, finally, two weeks' time is granted to do the needful, failing which, the petition shall stand dismissed."
3. In spite of the above, the learned counsel for the petitioner is neither present nor shown any reasons for his non-appearance nor even shown any reason for non-compliance of office objections. WP.No.44609/2018 7
Hence, the present Writ Petition is dismissed for non-compliance of office objections, as well for non-prosecution.
Sd/-
JUDGE bk/