J C Sampath Kumar vs Rev Dr Prasana Kumar Samuel
2023 Latest Caselaw 9223 Kant

Karnataka High Court

J C Sampath Kumar vs Rev Dr Prasana Kumar Samuel on 4 December, 2023

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                            -1-
                                                        NC: 2023:KHC:43616
                                                     MFA No. 7716 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 4TH DAY OF DECEMBER, 2023

                                          BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 7716 OF 2023 (CPC)


                   BETWEEN:

                   J C SAMPATH KUMAR
                   AGED 72 YEARS
                   NO.G-004, KASTLE KRISHNA
                   APARTMENTS, NO.15
                   9TH B CROSS ROAD
                   VINAYAKA LAYOUT
                   MONARAYANAPALYA
                   R.T.NAGAR POST
                   BENGALURU 560032.
                                                             ...APPELLANT
                   (BY MRS. PRIYANKA R., ADVOCATE FOR
                   SRI.MANIAN K B S.,ADVOCATE)

Digitally signed
                   AND:
by
DHANALAKSHMI
MURTHY
Location: High
                   1.    REV DR PRASANA KUMAR SAMUEL
Court of
Karnataka
                         FORMER BISHOP OF CSI
                         KARNATAKA CENTRAL DIOCESE NO.20
                         3RD CROSS, CSI COMPOUND
                         BENGALURU 560027.

                   2.    THE CHURCH OF SOUTH INDIA
                         CSI KARNATAKA CENTRAL DIOCESE NO.20
                         3RD CROSS, CSI COMPOUND
                         BENGALURU 560027 BY ITS SECRETARY
                         DR VINCENT VINOD KUMAR.
                         -2-
                                    NC: 2023:KHC:43616
                                 MFA No. 7716 of 2023




3.   THE CHURCH OF SOUTH INDIA
     CSI CENTRE NO.5, WHITES ROAD
     PO BOX NO.688, ROYAPETTAH
     CHENNAI 600014
     BY ITS DEPUTY MODERATOR.

4.   THE SYNOD SECRETARIAT
     THE CHURCH OF SOUTH INDIA
     CSI CENTRE NO.5, WHITES ROAD
     PO BOX NO.688, ROYAPETTAH
     CHENNAI 600014
     BY ITS GENERAL SECRETARY

5.   THE CHURCH OF SOUTH INDIA
     TRUST ASSOCIATION
     CSI CENTRE NO.5, WHITES ROAD
     PO BOX NO.688
     ROYAPETTAH CHENNAI-600014
                                       ...RESPONDENTS
(BY SRI.MONMOHAN P.N., ADVOCATE FOR C/R1)


     THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) R/W
SECTION 151 OF CPC, AGAINST THE ORDER DATED
02.11.2023 PASSED ON I.A.NO. 2 IN OS.NO.6986/2023
ON THE FILE OF THE PRL. CITY CIVIL AND SESSIONS
JUDGE, BENGALURU, ISSUEING NOTICE OF TI ORDER ON
I.A.NO.2, NOTICE ON I.A.NO.2 AND SUIT SUMMONS TO
DEFENDANTS BY 16.12.2023      FILED UNDER ORDER 39
RULE 1 AND 2 R/W SECTION 151 OF CPC.

     THIS APPEAL, COMING ON FOR ORDER, THIS DAY,

THE COURT DELIVERED THE FOLLOWING:
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                                               NC: 2023:KHC:43616
                                          MFA No. 7716 of 2023




                          JUDGMENT

The learned counsel for the appellant has filed a

memo dated 4.12.2023 stating that in view of the

subsequent order passed by the trial Court in

O.S.No.6986/2023, the present appeal does not survive

for consideration and hence, the same may be dismissed

as having become infructuous.

The memo is placed on record.

Accordingly, the appeal is dismissed as having

become infructuous.

All pending applications, if any, shall stand disposed

of.

Sd/-

JUDGE

DM