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2025 DAILYLAW 89854 (KAR)

THE INDIA CHURCH OF THE NAZARENE v. DR EZECKIEL SHANTHAKUMAR J C

WP/26958/2024 · 2025-12-16

Pradeep Singh Yerur

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:53585 WP No. 26958 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 26958 OF 2024 (GM-CPC) BETWEEN: 1. THE INDIA CHURCH OF THE NAZARENE, A BODY REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT OF 1960, AS SOCIETY NO.109/1981-82 AND RENEWAL CERTIFICATE NO.406/11/12 HAVING ITS REGISTERED OFFICE AT, NO.3, NORRIS ROAD, RICHMOND TOWN, BENGALURU - 560 025. REPRESENTED BY ITS SECRETARY. REV DR SIMON JOTHI, AGED ABOUT 53 YEARS, S/O LATE JOTHI, MEMBER/ EDUCATOR, THE INDIA CHURCH OF THE NAZARENE, PRESENTLY RESIDING AT NO.93/A, EX-SERVICEMEN STREET, M.S.NAGAR POST, BENGALURU - 560 032. KARNATAKA. 2. REV CHRISADAS AGED ABOUT 57 YEARS, S/O MATHIAS, MEMBER / DISTRICT SUPERINTENDENT/ SECRETARY, THE INDIA CHURCH OF NAZARENE, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53585 WP No. 26958 of 2024 PRESENTLY RESIDING AT SHALOM CHURCH OF NAZARENE, 7TH CROSS, 2ND MAIN, SOUDHAMANI LAYOUT, BENGALURU - 560 062. KARNATAKA. 3. REV SUNIL R DANDGE, AGED ABOUT 59 YEARS, S/O RAJARAMA, MEMBER/ DISTRICT SUPERINTENDENT/ PRESIDENT/ CO-ORDINATOR, THE INDIA CHURCH OF NAZARENE, PRESENTLY RESIDING AT NO.419, 8TH CROSS, 1ST BLOCK, HRBR LAYOUT, KALYAN NAGAR, BENGALURU - 560 043. KARNATAKA. 4. REV R KANICKRAJ, AGED ABOUT 67 YEARS, S/O RATHNAM, MEMBER/ DISTRICT SUPERINTENDENT/ VICE PRESIDENT, THE INDIA CHURCH OF NAZARENE, PRESENTLY RESIDING AT BLESSING COTTAGE, SAI LAYOUT, WHITE FIELD, BENGALURU - 560 066, KARNATAKA. 5. MR S JAYAKUMAR, AGED ABOUT 68 YEARS, S/O R SELVARAJ, MEMBER/ DISTRICT SUPERINTENDENT, THE INDIA CHURCH OF NAZARENE, PRESENTLY RESIDING AT CHURCH COMPOUND, - 3 - HC-KAR NC: 2025:KHC:53585 WP No. 26958 of 2024 THOREYUR ROAD, MUSURI-621 211. THIRUCHIRAPALLI DISTRICT, TAMIL NADU (DIED). 6. REV DR SIMON JOTHI, AGED ABOUT 53 YEARS, S/O LATE JOTHI, MEMBER/ EDUCATOR, THE INDIA CHURCH OF THE NAZARENE, PRESENTLY RESIDING AT NO.93/A EX-SERVICEMEN STREET, M S NAGAR POST, BENGALURU - 560 032. KARNATAKA. 7. MR K PARTHASARATHY, AGED ABOUT 64 YEARS, MEMBER THE INDIA CHURCH OF THE NAZARENE, PRESENTLY RESIDING AT NO.28/1, VIVEKANANDA STREET, SHASTHRINAGAR, ERODE-638 062. TAMIL NADU. 8. REV S MUTHUKUMARASWAMY, AGED ABOUT 70 YEARS, S/O SUBBAIAH, MEMBER / DISTRICT SUPERINTENDENT, PRESENTLY RESIDING AT DAVID MEMORIAL CHURCH OF THE NAZARENE, OBSERVATORY ROAD, KODAIKANAL, TAMIL NADU-624 103. …PETITIONERS (BY SRI.BRIJESH SINGH.M., ADVOCATE [ABSENT]) - 4 - HC-KAR NC: 2025:KHC:53585 WP No. 26958 of 2024 AND: 1. DR EZECKIEL SHANTHAKUMAR.J.C, AGED ABOUT 56 YEARS, S/O LATE E C JAYAPAUL CHELLAIAH, PRESENTLY RESIDING AT NO.586, JAYASANGA NILAYA, 9TH A MAIN, 8TH CROSS, R P C LAYOUT, BENGALURU - 560 040. FOUNDER TRUSTEE, MEDICO COUNSELLING ASSOCIATION, OF INDIA (MCAI). 2. DR SHANTHA SREE, AGED ABOUT 46 YEARS, W/O EZECKIEL SHANTHA KUMAR J C, PRESENTLY RESIDING AT NO.586, JAYASANGA NILAYA, 9TH A MAIN, 8TH CROSS, R P C LAYOUT, BENGALURU-560 040. FOUNDER TRUSTEE. 3. MR S DINAKARAN, AGED ABOUT 60 YEARS, S/O LATE P SOLOMON, PRESENTLY RESIDING AT, NO.124, CHURCH COMPOUND, (OPPOSITE BPL, HOPE FARM) WHITE FIELD, BENGALURU - 560 066, KARNATAKA. (DIED ON 09/06/2020) BY HIS LRS. 3(A). MRS ARPAA ARULMOZHAI, W/O MR BENNY PRASANTH, D/O LATE S DINAKARAN, MAJOR BY AGE, - 5 - HC-KAR NC: 2025:KHC:53585 WP No. 26958 of 2024 RESIDING AT HOREB HOUSE OF PRAYER, DOOR NO.1, 157, S.ATCHUTHAPURAM, JANAKI RAM NAGAR, PRATHAP NAGAR, KAKINADA - 533004, ANDRA PRADESH. 3(B). KUM ANGELINE DINAKARAN, D/O LATE S DINAKARAN, AGED ABOUT 34 YEARS, 3(C). MR ARUNODHAYAM SAM SOLOMON S/O LATE S DINAKARAN, AGED ABOUT 32 YEARS, DEFENDANTS NO.3(B) AND 3(C) I.E., RESPONDENTS 4 AND 5 ARE RESIDING AT, ICHTHUS CHURCH OF NAZARENE, OPPOSITE BPL HOPE FARM, WHITE FIELD POST, BENGALURU - 560 066. 4. MRS SELVI DINAKARAN, AGED ABOUT 63 YEARS, W/O LATE S DINAKARAN, PRESENTLY RESIDING AT NO.124, CHURCH COMPOUND, (OPPOSITE BPL, HOPE FARM) WHITE FIELD, BENGALURU-560 066, KARNATAKA. 5. MRS DEVIKA BAI, AGED ABOUT 37 YEARS, D/O KRISHNA SINGH, PRESENTLY RESIDING BEHIND THE CHURCH SAMETHANAHALLI VILLAGE, BENGALURU-560 067, - 6 - HC-KAR NC: 2025:KHC:53585 WP No. 26958 of 2024 KARNATAKA. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA SEEKING TO SET ASIDE THE ORDERS DTD. 23.11.2022 IN O.S.NO.519/2013, PASSED BY THE IV ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU ON IA NO.18 WHICH WAS FILED BY THE DEFENDANTS / RESPONDENTS UNDER ORDER XXVI RULE 10(A) READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE FOR REFERRING EXHIBIT D12 THE LETTER DTD:15.07.2008 TO FORENSIC SCIENCE LABORATORY (FSL) AUTHORITY FOR SCIENTIFIC INVESTIGATION TO ASCERTAIN THE ORIGINALITY OF THE SIGNATURES OF PW2 AS PER ANNX-A AND ALLOW THE WRIT PETITION. THIS PETITION, COMING ON FOR DISMISSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR - 7 - HC-KAR NC: 2025:KHC:53585 WP No. 26958 of 2024 ORAL ORDER There is no representation on behalf of the petitioners. The matter was listed on 08.09.2025, wherein, this Court passed an order "in the event the office objections would not get complied, the petition would be dismissed for its non-prosecution". The matter was listed once again on 09.12.2025, whereby this Court granted one more opportunity at request of petitioners providing a week's time and passed the order "if office objections are not complied, list this matter for dismissal on 16.12.2025. The matter is listed today in pursuance to the previous day's order. There is no representation on behalf of the petitioners. There is more than half a dozen objections raised including payment of Court fee, same is not complied. It appears that the petitioners are not interested in the matter. Accordingly, this petition is dismissed for non-prosecution. Sd/- (PRADEEP SINGH YERUR) JUDGE MRP/ List No.: 1 Sl No.: 30