Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF AUGUST, 2024 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 13591 OF 2021 (GM-CPC) BETWEEN: S LAWRENCE SENIOR MEMBER OF BISHOP SARGENT MEMORIAL CHURCH, KCD, AGED ABOUT 63 YEARS S/O. MUNISWAMY SWAMYDAS, VENKATESHPURAM, NEHRU STREET, BANGALORE 560045. R/AT NO. 357, PILLANNA GARDEN, 3RD STAGE, 11TH CROSS, NEAR ROSHAN COLLEGE, ARABIC COLLEGE POST, BANGALORE 560045 Digitally signed …PETITIONER by JUANITA THEJESWINI (BY SRI.SHRAVAN S LOKRE., ADVOCATE) Location: HIGH COURT OF AND: KARNATAKA
1. THE PRESBYTER,
REPRESENTED BY REV. SAMUEL DAVID, BISHOP SARGENT MEMORIAL CHURCH, KCD, CHURCH OF SOUTH INDIA, KARNATAKA CENTRAL DIOCESE, NEHRU STREET, VENKATESHAPURAM, BANGALORE 560045 -2-
2. THE BISHOP, KARNATAKA CENTRAL DIOCESE DIOCESE OFFICE, NO. 20, 3RD MAIN, CSI COMPOUND, BANGALORE 560027
3. THE PASTORATE COMMITTEE, KCD, (REP BY ITS PRESBYTER- IN-CHARGE-REV. SAMUEL DAVID),
4. MR. CHARLES VIJAYKUMAR S/O. B V MANI, ELECTED TREASURER,
5. MR. JOSEPH ANAND S/O. GUNAKARAN, ELECTED SECRETARY,
6. MR. RANJITH KUMAR S/O. PAUL RAJ MANI, -3-
7. MR. RAJAN S/O. RAVI RAJKUMAR,
8. MR. MOSES RAJ S/O. MARI NATHAN BENGALURU 560045.
9. MR. JOHN EDEN S/O. LATE. MOHAN
10. MR. DEVA PRAKASH S/O. DEVARAJ -4-
11. MRS. JAYA MANI AGED ABOUT 65 YEARS
12. MRS. BABY SASIKALA
13. MR. YOGANAND …RESPONDENTS (BY SRI. ARUN B M., ADVOCATE FOR R1 & R3 SRI. R.M. KIRAN., ADVOCATE FOR R2, R7, R10 & R11 SRI. DAYANANDA S PATIL., ADVOCATE FOR R4 TO R6, R8, R9, R12 & R13)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND QUASH THE ORDERS PASSED ON I.A.NO.3/2021 AS PER ANNEXURE-A IN O.S.NO.26282/2018 -5- DATED 16.04.2021, BY THE COURT OF THE LXXII ADDL. CITY CIVIL AND SESSIONS JUDGE, (CCH-73) MAYO HALL, BENGALURU AND ALLOW THE PRAYER MADE BY THE PETITIONER UNDER I.A.NO.3/2021, IN THE ABOVE CASE AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS
ORAL ORDER
Learned Counsel for the petitioner has filed a memo dated 23.08.2024 stating that the original suit from out of which the present writ petition arises viz., O.S.No.26282/2018 has been dismissed on 14.12.2022. Therefore, the learned Counsel for the petitioner submits that the prayer made in the writ petition has become infructuous.
2. The memo is taken on record subject to all just exceptions. -6-
3. Accordingly, the writ petition stands dismissed as withdrawn since the prayer made in the writ petition has become infructuous. Sd/- (R DEVDAS) JUDGE JT/- CT:JL