Rev.D.Arul Alexander vs Gethesemane Lutheran Church (Ielc) on 11 April, 2012

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Karnataka High Court

Rev.D.Arul Alexander vs Gethesemane Lutheran Church (Ielc) on 11 April, 2012

Bench: H.G.Ramesh

                                     MFA.No.2987/2012




IN THE HIGH COURT OF KARNATAKA AT BANGALORE

       DATED THIS THE 11TH DAY OF APRIL 2012

                       BEFORE

       THE HON'BLE MR. JUSTICE H.G.RAMESH

     MISCELLANEOUS FIRST APPEAL NO.2987 OF 2012

BETWEEN:

      REV. D.ARUL ALEXANDER
      AGED ABOUT 51 YEARS
      S/0 SRI. DAVID (LATE)
      PASTOR OF TRINI'IY LUThERN CHURCH
      (IELC) MARIKUPPAM
      KOLAR GOLD FIELD 563 011
      KOLAR DISTRICT

      R/AT PASTOR'S PARSONAGE
      GETHSEMANE LUThERAN CHURCH
      (IELC) NO.1, PLAT FORM ROAD
      SESHADRIPURAM
      BANGALORE 560 020
                 -




2.    SRI. BAUL SUNDER
      SECRETARY/TREASURER
      IELS TRUST ASSOCIATION
      Sb. KARUTHUDAYAN
      AGED ABOUT 46 YEARS
      RESIDING NEW STREET
      CHITHAMBARA NAGAR
      NAGARKOIL
      KANAYA KUMARI DISTRICT

      REPRESENTED BY HIS
      POWER OF A1TORNEY HOLDER
      REV. R.SOLOMON
      PASTOR. S/0. SRI. RATHINAM
      AGED ABOUT 56 YEARS
      RESIDING AT NO.911
      LUTHERAN MISSION COMPOUND
      S.T. BLOCK, OORGAUM POST
                                       MFA.No,2987/2012




       KOLAR GOLD FIELD
       KOLAR DISTRICT                     ...   APPELLANTS

(BY SRI. C. VIJAYA KUMAR. ADVOCATE)


AND:

GETHESEMANE LUTHERAN CHURCH (IELC)
NO.1, PLOT FORM ROAD
SESHADRI PURAM
BANGALORE 560 020
              -




REPRESENTED BY ITS:

1.     SRI. A. RAJAMANICKAM
       S/O SRI. ANNAMALI (LATE)
       AGED ABOUT 55 YEARS

2.     SRI. S. JOHN SUNDARAM
       AGED ABOUT 57 YEARS
       S/O SRI. SWAMY DASS (LATE)

3.     SRI.J.THEODRE
       AGED ABOUT 53 YEARS
       5/0. SRI. JOSEPH P. DAVID

SL.NOS.1 TO 3
ARE THE OFFICE BEARERS
OF THE PLAINTIFF CHURCH
AS THE PRESIDENT
SECRETARY AND TREASURER                 ...   RESPONDENTS

     THIS MFA IS FILED U/O 43 RULE 2 OF CPC, AGAINST
THE ORDER DT.31.08.2010, PASSED IN O.S.NO.25889/2010
ON THE FILE OF ThE XXVI ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, BANGALORE. DECREEING ThE SUIT IN
TERMS OF COMPROMISE.

    THIS MFA COMING ON FOR ORDERS, THIS DAY, ThE
COURT DELIVERED THE FOLLOWING:
                               -3-
                                            MFA.No.2987/2O2




                      JUDGMENT

H.G.RAMESH, J. (Oral):

Heard. This appeal is by the defendants in the suit in O.S.No.25889/2010 which was filed for ejectment. There is a delay of more than one year (445 days) in filing the appeal. The order dated 31.08.2010 impugned in this appeal reads as follows:

"Advocate for pff filed amended plaint plaintiff No 1 to 3 deft No 1 G.PA holder of deft No 2 and their respective advocates present and filed compromise petition u/o 23 R3 C.P.C. Parties admits the contents in the compromise petition. Clause 'e' in compromise petition is deleted and all parties signed before court after deletion of clause re,) Hence suit is decreed in terms of compromise. Office is directed to incorporate clause (a) to (d) and U) to (i) clauses in the decree."

-4- MFA.No.2987/2012

2. Learned Counsel appearing for the appellants submits that an application for recalling of the aforesaid order has been ified before the Trial Court and the same is pending consideration. If that be so, It Is appropriate for the appellants to prosecute the same In accordance with law. This appeal Is misconcelved and Is accordingly dismissed. In view of dismissal of the appeal, I.A.Nos.1 & 2 of 2012 also stand dismissed.

Sd/ Appeal dismissed.

JJ/ata

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