Karnataka High Court
Grace Padma.B.Sc.M.A.M.Ed.Ll.B. vs St Thomas Church on 3 March, 2020
Author: H T Narendra Prasad
Bench: H. T. Narendra Prasad
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF MARCH 2020
BEFORE
THE HON'BLE MR. JUSTICE H. T. NARENDRA PRASAD
RFA No.1174/2010(RES)
BETWEEN:
GRACE PADMA, Bsc. MA.M.ED.LLB.
ADVOCATE
D/O LATE. SHRI. V. JOHN MANICKAM
AGED ABOUT 71 YEARS
R/A NO.85, "SUKHALAYA"
BINNY LAYOUT, 1ST "D"MAIN
NEAR PIPE LINE, VIJAYANAGAR
2ND STAGE, BANGALORE-560 040.
... APPELLANT
(BY SRI. M.S.R. PRAKASH, ADV. (ABSENT)
AND
1. ST.THOMAS CHURCH
REPRESENTED BY
REV. JOHN KIRUBAGARAN
PRESBYTER-IN-CHARGE/PRIEST
NO.151, 5T CROSS, 4TH MAIN
CHAMARAJPET, BANGALORE-560 018.
2. THE PASTORATE COMMITTEE
ST. THOMAS CHURCH
REPRESENTED BY REV. JOHN KIRUBAGARAN
2
NO.151, 5T CROSS, 4TH MAIN
CHAMARAJPET, BANGALORE-560 018.
3. RT. REV. C.D.JATHANNA
BISHOP, KARNATAKA
CSI COMPOUND
MISSION ROAD, BANGALORE-27.
4. REV. D.M.BASKARAN
EX-PRESBYTER-IN-CHARGE OF
ST.THOMAS CHURCH
4TH MAIN, 5TH CROSS
CHAMARAJ PET, BANGALORE-18.
5. RT.REV.S.VASANTHAKUMAR
BISHOP OF KARNATAKA CENTRAL
DIOCESE,(KCD) CHURCH OF
SOUTH INDIA (CSI)
MISSION ROAD, BANGALORE-27.
6. REV. J.D.DAVID RAJAN
EX-PRESBYTER-IN-CHARGE
ST.THOMAS CHURCH, 4TH MAIN
5TH CROSS, CHAMARAJ PET
BANGALORE-560 018.
7. K.J.SAMUEL
EX.MODERATOR OF
CHURCH OF SOUTH INDIA (CSI)
NO.5, RAYAPETAH, WHITES ROAD
CHENNAI-600.
8. REV. PRASANNA KUMAR SAMUEL
THE Considering RESENT BISHOP OF KARNATAKA
CENTAL DIOCESE(KCD).
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9. REV. JOHN MILTON
THE PRESENT SECRETARY OF
KARNATAKA CENTRAL DIOCESE (KCD)
10. MR.JAGADHEESH
THE PRESENT TREASURER OF
KARNATAKA CENTRAL DIOCESE (KCD)
R7 TO R10 ARE PROPOSED RESPONDENTS
HAVING THEIR OFFICE AT CSI-KCD
NO.20, 3RD CROSS, CSI COMPOUND
MISSION ROAD, BANGALORE-560 027.
11. REV. SADURI THE PRESENT
PRESBYTER-IN-CHARGE OF
ST. THOMAS CHURCH
CHAMARAJPET, 4TH MAIN
BANGALORE-560 018.
... RESPONDENTS
(BY SRI.B.M.ARUN, ADV. FOR R5,
SRI. B.M. ARUN, ADV. TAKES NOTICE FOR
R1,R2,R4 & R6,
APPEAL IS STAND DISMISSED AGAINST R3 & R7,
IMPLEADING R11 DELETED V/O DATED:24.07.2019)
THIS RFA IS FILED UNDER SECTION 96 OF CPC,
AGAINST THE ORDER DATED:25.05.2010 PASSED ON
IA NO.37 IN OS.5862/1992 ON THE FILE OF THE XI-
ADDL. CITY CIVIL JUDGE, BANGALORE CITY,
ALLOWING THE IA.NO.37 FILED UNDER ORDER 7
RULE 11(1) READ WITH SECTION 151 OF CPC.
THIS RFA COMING ON FOR ORDERS THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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JUDGMENT
On perusal of the order sheet reveals that when the matter was posted on 19.09.2019, there was no representation for the appellant and the matter was adjourned. On 15.10.2019, the counsel for appellant was absent and hence, the matter was ordered to be listed in the first week of December 2019. On 2.12.2019, again there was no representation for the appellant and hence, the matter was ordered to be listed in the first week of January 2020. When the matter was posted on 2.1.2020, appellant's counsel was absent and one week time was granted for amending the causetitle and to comply office objections raised on I.A.1/2019 to 3/2019.
Even today when the matter was called, there is no representation for the appellant and office objections raised on I.A.1/2019 to 3/2019 are not complied with. This shows that the appellant is not 5 interested in prosecuting the appeal and hence, the appeal is dismissed for non-prosecution.
Sd/-
JUDGE DM