- 1 - HC-KAR NC: 2025:KHC:31488 RFA No. 771 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO.771 OF 2024 (DEC) BETWEEN: KARNATAKA CENTRAL DIOCESE OF THE CHURCH OF SOUTH INDIA, NO.20, THIRD CROSS, CSI COMPOUND, BANGALORE-560027 (EXECUTIVE COMMITTEE) REPRESENTED BY ITS SECRETARY REV VINCENT VINOD KUMAR. …APPELLANT (BY SRI ARUN B.M., ADVOCATE) AND: 1. DR JULIAN SUNDERSINGH MEMBER – PASTORATE COMMITTEE, AGED 66 YEARS SON OF LATE REV A.G. MANUEL, RESIDING AT NO.5/6, N.NAGANAHALLI, K. NARAYANAPURA, KOTHANUR POST, BENGALURU-560077. 2. MRS. ASHALATHA JOSHUA MEMBER – PASTORATE COMMITTEE, AGED 61 YEARS WIFE OF MR. JOSHUA JOHN, RESIDING AT NO.102, WHEELER GARDEN, 93, WHEELER ROAD EXTENSION, COOKE TOWN, BENGALURU-560005. 3. REV NAVIN K JOHN PRESBYTER – IN – CHARGE Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31488 RFA No. 771 of 2024 ST JOHN’S CHURCH NO.132, ST.JOHN’S CHURCH ROAD, P.B. NO.544, BENGALURU-560005. 4. THE PASTORATE COMMITTEE ST.JOHN’S CHURCH PASTORATE, ST.JOHN’S CHURCH, NO.132 ST.JOHN’S CHURCH ROAD, P.B. NO.544, BENGALURU-560005. 5. RT REVE PRASANNA KUAMR SAMUEL SON OF LATE R.K. SAMUEL, AGED 67 YEARS, ‘BISHOP’S HOUSE’, TRINITY CHURCH COMPOUND, TRINITY CIRCLE, BISHOP, KARNATAKA CENTRAL DIOCESE, M.G. ROAD, BANGALORE-560001. AND ALSO AT NO.20, 3RD CROSS, CSI COMPOUND, BENGALURU-5600027. …RESPONDENTS (BY SRI K.B.S. MANIAN, ADVOCATE FOR C/R-1 & R-2; NOTICE TO R-3 TO R-5 DISPENSED WITH V/O. DATED 25/09/2024) THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER XLI RULE 1 OF CPC, TO SET ASIDE THE JUDGMENT AND DECREE DATED 29.02.2024 PASSED IN O.S.NO.1373/2022 ON THE FILE OF THE XII ADDITIONAL CITY CIVIL JUDGE, BENGALURU CITY, DECREEING THE SUIT FOR DECLARATION. THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA - 3 - HC-KAR NC: 2025:KHC:31488 RFA No. 771 of 2024 ORAL JUDGMENT The present appeal is preferred by defendant No.4 assailing judgment and decree dated 29.02.2024 in O.S.No.1373/2023 on the file of the XII Additional City Civil Judge, Bengaluru. 2. The plaintiffs’ suit was for declaration, to declare that the plaintiffs are the elected members of defendant No.3-Committee and elected to the post of Secretary and Treasurers respectively for the triennium 2021-2024, and to declare that the acts of defendant Nos.1, 2 and 4 in interfering with or obstructing the plaintiffs from discharging their functions and duties as Secretary and Treasurer respectively were illegal, void ab- initio, opposed to the principles of natural justice and for other reliefs. 3. The trial Court upon consideration, decreed the suit holding that the plaintiffs are declared as duly elected members of defendant No.3-Committee and elected to the - 4 - HC-KAR NC: 2025:KHC:31488 RFA No. 771 of 2024 post of Secretary and Treasurers for the triennium 2021- 2024. 4. It is submitted that the appeal has become infructuous, in as much as the prayer in the suit was confined to the declaration of the plaintiffs as elected members of defendant No.3- Committee and a Secretary and Treasurer only for the triennium 2021-2024. 5. The tenure having already expired by efflux of time, no effective relief can now be granted. The continuation of the appeal proceedings would serve no purpose and the appeal, in its entirety, has become infructuous, hence the appeal is dismissed as having become infructuous. Sd/- ________________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 14