Karnataka High Court
Dhammanagi And Sanu Developers Pvt. Ltd vs The Executive Board Of Methodist ... on 17 December, 2024
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NC: 2024:KHC-D:18312
WP No. 101885 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 17TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO.101885 OF 2024 (GM-CPC)
BETWEEN:
1. DHAMMANAGI AND SANU DEVELOPERS PVT. LTD.,
REPRESENTED BY ITS CHAIRMAN
SRI BABU S/O. ADIVEPPA DHAMMANAGI,
AGE: 67 YERS, OCC: BUSINESS AND AGRICULTURE,
R/O: BAILHONGAL - 591 102, DIST: BELAGAVI.
2. DHAMMANAGI AND SANU DEVELOPERS PVT. LTD.,
REPRESENTED BY ITS MANAGING DIRECTOR
SRI HARSHA S/O. BABU DHAMMANAGI,
AGE: 34 YERS, OCC: BUSINESS AND AGRICULTURE,
R/O: BAILHONGAL - 591 102, DIST: BELAGAVI.
...PETITIONERS
(BY SRI CHETAN MUNNOLI, ADVOCATE)
AND:
1. THE EXECUTIVE BOARD OF METHODIST EPISCOPAL
Digitally signed CHURCH IN SOUTHERN ASIA
by VISHAL
NINGAPPA
PATTIHAL
REPRESENTED BY ITS PRESIDENT
Location: High
Court of
DINKAR S/O. SAMUEL CHILAL,
Karnataka
AGE: 74 YEARS, OCC: SOCIAL SERVICE,
R/O: PLOT NO.14, PIPELINE ROAD,
VIJAY NAGAR, HINDALAGA, BELAGAVI.
IS CLAIMING TO BE THE METHODIST
EPISCOPAL CHURCH IN SOUTHERN ASIA
REP. BY REV. ELBERT MARSTON MOPHAT
SECRETARY AND ATTORNEY
NO.115, MAHATMA GANDHI ROAD,
AMERICAL EXPRESS BUILDING,
FORT, MUMBAI - 400 001. MAHARASTRA STATE.
2. THE METHODIST CHURCH IN SOUTHERN ASIA
(D - 20), ROBINSON MEMORIAL
BYCULLA, MUMBAI - 400 027
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WP No. 101885 of 2024
MAHARASHTRA STATE.
BY ITS CHAIRMAN / SECRETARY
3. THE EXECUTIVE BOARD OF THE METHODIST
CHURCH IN INDIA
A REGISTERED TRUST, REP. BY ITS
DISTRICT SUPERINTENDENT
REV. ALENXANDER SIERMON
AGE: 63 YEARS, OCC: SERVICE
R/O. METHODIST MISSION COMPOUND
COURT ROAD, BELAGAVI - 590 001.
4. RAJENDRA S/O. BHANUDAS KULKARNI,
AGE: MAJOR, OCC: BUSINESS
R/O. TILAKAWADI, BELAGAVI - 590 006.
SHANKAR S/O. HANUMANTAPPA MUNAVLLI,
SINCE DECEASED BY LRS.,
5. SHOBHA W/O. SHANKAR MUNAVALLI,
AGE: MAJOR, OCC: HOUSEWIFE,
R/O. "SHOBHA NILAYA", 7TH CROSS
SHASTRI NAGAR, BELAGAVI - 590 001.
6. RAGHAVENDRA S/O. SHANKAR MUNAVALLI,
AGE: MAJOR, OCC: BUSINESS,
R/O. "SHOBHA NILAYA", 7TH CROSS
SHASTRI NAGAR, BELAGAVI - 590 001.
7. ASHWINI D/O. SHANKAR MUNAVALLI,
AGE: MAJOR, OCC: PVT. SERVICE
R/O. "SHOBHA NILAYA", 7TH CROSS
SHASTRI NAGAR, BELAGAVI - 590 001.
8. KIRANT S/O. SHANKAR MUNAVALLI,
AGE: MAJOR, OCC: BUSINESS,
R/O. "SHOBHA NILAYA", 7TH CROSS,
SHASTRI NAGAR, BELAGAVI - 590 001.
9. RANGNATH S/O. SHANKAR KULKARNI,
AGE: MAJOR, OCC: BUSINESS,
R/O. VIVEKANAND NAGAR, GOKUL ROAD,
HUBBALLI - 580 021, DIST. DHARWAD.
10. SMT. VASUDHA W/O. VINAYAK DESHPANDE,
AGE: MAJOR, OCC: HOUSEWIFE,
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WP No. 101885 of 2024
R/O: OM SAI TIRTH CO-OP HOUSING SOCIETY LTD.,
VASUDEV PHADKE ROAD, KULGAON,
BADALPUR (E) - 421 504,
DIST. THANE, MAHARASHTRA STATE.
11. DATTATRAY S/O. VINAYAK DESHPANDE,
AGE: MAJOR, OCC: SERVICE,
R/O. OM SAI TIRTH CO-OP HOUSING SOCIETY LTD.,
VASUDEV PHADKE ROAD, KULGAON,
BADALPUR (E) - 421 504,
DIST. THANE, MAHARASHTRA STATE.
SHASHISHEKHAR S/O. SHIVAJI KULKARNI,
SINCE DECEASED BY LRS .,
12. SMT. SAROJINI SHASHISHEKHAR KULKARNI,
AGE: MAJOR, OCC: RETIRED TEACHER,
R/O. H. NO. 1420, BASAWAN GALLI,
BELAGAVI - 590 003.
13. SMT. MEGHANA GURURAJ KULKARNI,
AGE: MAJOR, OCC: SERVICE,
R/O. H. NO. 2407/2, SHRI KRISHNA KUTEER
NITYANAND NAGAR, MANDOLI ROAD
BELAGAVI - 590 003.
14. DR. PRASANNA SHASHISHEKHAR KULKARNI,
AGE: MAJOR, OCC: DOCTOR,
R/O. H. NO. 1420, BASAWAN GALLI,
BELAGAVI - 590 003.
15. AMAR SHASHISHEKHAR KULKARNI,
AGE: MAJOR, OCC: SERVICE,
R/O: FLAT NO. 103, 1ST FLOOR,
SRI GURU SARANAM APARTMENT
TINDLU MAIN ROAD, VIDYARANYAPURA POST
OPP. HARIHARA MEDICALS
BENGALURU - 560 097, BENGALURU NORTH.
...RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OR
ORDER OR DIRECTION IN THE NATURE OF CERTIORARI SET ASIDE
THE ORDER DATED 25-11-2023 ON IA NO. 67 PASSED IN OS
NO. 16/2009 ON THE FILE OF THE III ADDL. CIVIL JUDGE AND JMFC,
BELAGAVI, VIDE ANNEXURE-A AND ETC.,
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WP No. 101885 of 2024
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) The learned counsel for the petitioners has filed a memo seeking withdrawal of the petition, which reads as under:
"MEMO The petitioners submits as under;
1. The petitioners have filed the present petition challenging the the order dated 25.11.2023 on I.A.No.67 passed in O.S.No.16/2009 on the file of the III Addl.Civil Judge and JMFC, Belagavi, vide Annexure-A. It is submitted that, in OS No.16/2009, the petitioners/plaintiff No.7 & 8 had filed IA No.71 U/Or.1 Rule 10(2) of CPC R/W Sec.151 of CPC praying to permit the plaintiffs to strike out defendant No.1 from the suit. The Trial Court by Order dated 18.04.2024 allowed IA No.71 & defendant No.1 was struck off from the suit. The said order was confirmed by this Hon'ble Court in W.P.No.105234/2024 by order dated 12.12.2024 in the writ petition preferred by the alleged defendant No.1.-5-
NC: 2024:KHC-D:18312 WP No. 101885 of 2024
3. It is further submitted that, the Trial Court had allowed the application under IA No.67 and took the written statement of alleged defendant No.1 on record, by order dated 25.11.2023. Hence, the present petition has been filed.
In view of the order dated 18.04.2024 passed in IA No.71 & confirmed by this Hon'ble Court in WP No.105234/2024, the present petition does not survive for consideration. The petitioner seeks leave of this Hon'ble Court to seek fro revival of the present petition in the event the order of the Trial Court dated 18.04.2024 on IA No.71 is reversed by the Hon'ble Apex Court, in the interest of justice and equity.
2. In view of the memo, the writ petition is dismissed as withdrawn.
Sd/-
(C.M. POONACHA) JUDGE YAN/CT-ASC List No.: 1 Sl No.: 44