Dr. Julian Sundersingh Vs Rt. Rev. Dr. Prasana Kumar Samuel

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NC: 2025:KHC:744-DB CCC No. 34 of 2023 C/W CCC No. 567 of 2022 CCC No. 64 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF JANUARY, 2025

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PRESENT

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THE HON'BLE MR JUSTICE K.SOMASHEKAR AND

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THE HON'BLE MR JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO.34 OF 2023 CONNECTED WITH CIVIL CONTEMPT PETITION NO.567 OF 2022 AND CIVIL CONTEMPT PETITION NO.64 OF 2023

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IN CCC NO.34 OF 2023:

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BETWEEN:

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DR. JULIAN SUNDERSINGH S/O. LATE REV. A. G. MANUEL AGED ABOUT 66 YEARS MEMBER - PASTORATE COMMITTEE RESIDING AT 5/6, N. NAGANAHALLI K. NARAYANAPURA, KOTHANUR POST BENGALURU - 560 077.

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Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: HIGH COURT OF KARNATAKA

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MRS. ASHALATHA JOSHUA W/O. JOSHUA JOHN AGED ABOUT 61 YEARS MEMBER - PASTORATE COMMITTEE RESIDING AT NO.102, WHEELER GARDEN 93, WHEELER ROAD EXTENSION, COOKE TOWN BENGALURU - 560 005 REPRESENTED BY GPA HOLDER DR. JULIAN SUNDERSINGH.

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…COMPLAINANTS

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(BY SRI MANIAN K. B. S., ADVOCATE)

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NC: 2025:KHC:744-DB CCC No. 34 of 2023 C/W CCC No. 567 of 2022 CCC No. 64 of 2023

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AND:

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RT. REV. DR. PRASANA KUMAR SAMUEL BISHOP, KARNATAKA CENTRAL DIOCESE CHURCH OF SOUTH INDIA NO.20, THIRD CROSS, CSI COMPOUND BENGALURU - 560 027.

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REV. NAVIN K. JOHN PRESBYTER-IN-CHARGE ST. JOHN CHURCH NO.132, ST. JOHN'S CHURCH ROAD P. B. NO.544, BENGALURU - 560 005.

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…ACCUSED

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(BY SRI B. M. ARUN, ADVOCATE)

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IN CCC NO.567 OF 2022:

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BETWEEN:

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DR. JULIAN SUNDERSINGH S/O. LATE REV. A. G. MANUEL AGED ABOUT 66 YEARS MEMBER - PASTORATE COMMITTEE RESIDING AT 5/6, N. NAGANAHALLI K. NARAYANAPURA, KOTHANUR POST BENGALURU - 560 077.

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MRS. ASHALATHA JOSHUA W/O. JOSHUA JOHN AGED ABOUT 61 YEARS MEMBER - PASTORATE COMMITTEE RESIDING AT NO.102, WHEELER GARDEN 93, WHEELER ROAD EXTENSION, COOKE TOWN BENGALURU - 560 005.

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...COMPLAINANTS

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(BY SRI MANIAN K. B. S., ADVOCATE)

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3 - NC: 2025:KHC:744-DB CCC No. 34 of 2023 C/W CCC No. 567 of 2022 CCC No. 64 of 2023

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AND:

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RT. REV. DR. PRASANA KUMAR SAMUEL BISHOP, KARNATAKA CENTRAL DIOCESE CHURCH OF SOUTH INDIA NO.20, THIRD CROSS CSI COMPOUND BENGALURU - 560 027.

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REV. NAVIN K. JOHN PRESBYTER-IN-CHARGE ST. JOHN CHURCH NO.132, ST. JOHN'S CHURCH ROAD P. B. NO.544 BENGALURU - 560 005.

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...ACCUSED

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(BY SRI ARUN B. M., ADVOCATE)

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IN CCC NO.64 OF 2023:

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BETWEEN:

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DR. JULIAN SUNDERSINGH S/O. LATE REV. A. G. MANUEL AGED ABOUT 66 YEARS MEMBER - PASTORATE COMMITTEE RESIDING AT 5/6, N. NAGANAHALLI K. NARAYANAPURA, KOTHANUR POST BENGALURU - 560 077.

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MRS. ASHALATHA JOSHUA W/O. JOSHUA JOHN AGED ABOUT 61 YEARS MEMBER - PASTORATE COMMITTEE RESIDING AT NO.102, WHEELER GARDEN 93, WHEELER ROAD EXTENSION, COOKE TOWN BENGALURU - 560 005 REPRESENTED BY GPA HOLDER DR. JULIAN SUNDERSINGH.

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...COMPLAINANTS

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(BY SRI MANIAN K. B. S., ADVOCATE)

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4 - NC: 2025:KHC:744-DB CCC No. 34 of 2023 C/W CCC No. 567 of 2022 CCC No. 64 of 2023

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AND:

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RT. REV. DR. PRASANA KUMAR SAMUEL BISHOP, KARNATAKA CENTRAL DIOCESE CHURCH OF SOUTH INDIA NO.20, THIRD CROSS CSI COMPOUND BENGALURU - 560 027.

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REV. NAVIN K. JOHN PRESBYTER-IN-CHARGE ST. JOHN CHURCH NO.132, ST. JOHN'S CHURCH ROAD P. B. NO.544 BENGALURU - 560 005.

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MRS. SHALINI PARANJOTHY MEMBER OF THE PASTORATE COMMITTEE ST. JOHN CHURCH PASTORATE ST. JOHN CHURCH NO.132, ST. JOHN'S CHURCH ROAD P. B. NO.544 BENGALURU - 560 005.

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INDLA THOMAS DAYANAND SHANTHA SWAROOP MEMBER OF THE PASTORATE COMMITTEE ST. JOHN CHURCH PASTORATE ST. JOHN CHURCH NO.132, ST. JOHN'S CHURCH ROAD P. B. NO.544 BENGALURU - 560 005.

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MR. REGINALD SOLOMON MEMBER OF THE PASTORATE COMMITTEE ST. JOHN CHURCH PASTORATE ST. JOHN CHURCH NO.132, ST. JOHN'S CHURCH ROAD P. B. NO.544 BENGALURU - 560 005.

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5 - NC: 2025:KHC:744-DB CCC No. 34 of 2023 C/W CCC No. 567 of 2022 CCC No. 64 of 2023

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MR. VASANTH DAVIS MEMBER OF THE PASTORATE COMMITTEE ST. JOHN CHURCH PASTORATE ST. JOHN CHURCH NO.132, ST. JOHN'S CHURCH ROAD P. B. NO.544

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BENGALURU - 560 005.

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MR. KARUN MATHEW VARGHESE MEMBER OF THE PASTORATE COMMITTEE ST. JOHN CHURCH PASTORATE ST. JOHN CHURCH NO.132, ST. JOHN'S CHURCH ROAD P. B. NO.544 BENGALURU - 560 005.

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MR. CLEMENT SUSHIL RAJ VARGHESE MEMBER OF THE PASTORATE COMMITTEE ST. JOHN CHURCH PASTORATE ST. JOHN CHURCH NO.132, ST. JOHN'S CHURCH ROAD P. B. NO.544 BENGALURU - 560 005.

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MR. VINOD KUMAR DAVID MEMBER OF THE PASTORATE COMMITTEE ST. JOHN CHURCH PASTORATE ST. JOHN CHURCH NO.132, ST. JOHN'S CHURCH ROAD P. B. NO.544 BENGALURU - 560 005.

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MRS. KAVITHA RUBEN MEMBER OF THE PASTORATE COMMITTEE ST. JOHN CHURCH PASTORATE ST. JOHN CHURCH NO.132, ST. JOHN'S CHURCH ROAD P. B. NO.544 BENGALURU - 560 005.

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6 - NC: 2025:KHC:744-DB CCC No. 34 of 2023 C/W CCC No. 567 of 2022 CCC No. 64 of 2023

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MR. DANIEL DAVID MEMBER OF THE PASTORATE COMMITTEE ST. JOHN CHURCH PASTORATE ST. JOHN CHURCH NO.132, ST. JOHN'S CHURCH ROAD P. B. NO.544 BENGALURU - 560 005.

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MRS. SUCHITRA JOSEPH MEMBER OF THE PASTORATE COMMITTEE ST. JOHN CHURCH PASTORATE ST. JOHN CHURCH NO.132, ST. JOHN'S CHURCH ROAD P. B. NO.544 BENGALURU - 560 005.

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...ACCUSED

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(BY SRI ARUN B. M., ADVOCATE, FOR A-1 AND A-2, & SRI DR. M. SUNIL SASTRY, ADVOCATE, FOR A-3 AND A-4)

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THESE CIVIL CONTEMPT PETITIONS ARE FILED UNDER SECTIONS 10 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO HOLD THE ACCUSED GUILTY OF CONTEMPT FOR WILLFUL DISOBEDIENCE OF THE ORDER DATED 21-4-2022 PASSED IN O.S. NO.1373 OF 2022 BY THE XII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, AND CONSEQUENTLY, PENALISE THE ACCUSED WITH IMPRISONMENT.

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THESE CIVIL CONTEMPT PETITIONS ARE COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and HON'BLE MR JUSTICE VENKATESH NAIK T

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7 - NC: 2025:KHC:744-DB CCC No. 34 of 2023 C/W CCC No. 567 of 2022 CCC No. 64 of 2023

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ORAL ORDER

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(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)

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Sri Manian K.B.S., learned counsel for the complainants,

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is physically present and submits that these contempt proceedings have been initiated against accused Nos.1 and 2 for disobedience of the order dated 21-4-2022 on I.A Nos.1 to 3 passed in Original Suit No.1373 of 2022 by the XII Additional City Civil and Sessions Judge, Bengaluru City. Learned counsel takes us through all the contentions which have been urged in these contempt petitions.

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Sri B.M. Arun, learned counsel for accused Nos.1 and 2, submits that said interim injunction order was passed by the trial Court exercising its power under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure, 1908 (for short, 'CPC'). He submits that in the event of any disobedience of order under the provisions of Order XXXIX, Rules 1 and 2 of the CPC, the aggrieved party can institute proceedings under the provisions of Order XXXIX, Rule 2A of the CPC. He further submits that after filing of these contempt petitions, the complainants had filed application invoking Order XXXIX, Rule 2A of the CPC and sought for taking action in respect of the

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NC: 2025:KHC:744-DB CCC No. 34 of 2023 C/W CCC No. 567 of 2022 CCC No. 64 of 2023

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very same order dated 21-4-2022 in Original Suit No.1373 of 2022D. The same was numbered as Miscellaneous Petition No.165 of 2024, and since the complainants have filed a memo for withdrawal of the petition, by order dated 9-7-2024, the trial Court dismissed the petition as withdrawn. Hence, he prays that in the light of the aforesaid facts and circumstances, the complainants cannot maintain the present contempt petitions and the same have to be dismissed.

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Learned counsel for the complainants submits that in view of law laid down by the Hon'ble Apex Court in the case of

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Welset Engineers and Another v. Vikas Auto Industries and Others reported in (2015) 10 SCC 609 , the present contempt petitions are fully maintainable.

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Having heard the learned counsel for the parties, it is relevant to refer the order rendered by the Co-ordinate Bench of this Court in Civil Contempt Petition No.1237 of 2022 dated 26-3-2024 , wherein at paragraph No.3, it has been observed thus:

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9 - NC: 2025:KHC:744-DB CCC No. 34 of 2023 C/W CCC No. 567 of 2022 CCC No. 64 of 2023

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“3. When the order is an interim order, by its very nature it does not determine rights of the parties finally. There are no trappings of finality in the order. In the aforesaid view, this Court is not inclined to entertain the contempt petition and it is not persuaded to exercise the power of contempt under the Contempt of Courts Act, 1971."

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Similar issue was also decided by the Co-ordinate

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Bench of this Court in Civil Contempt Petition No.703 of 2024 dated 6-8-2024, wherein at paragraph No.2, it has been observed thus:

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“ 2. This Court is not inclined to invoke and exercise the jurisdiction under the Contempt of Courts Act, 1971, in view that the petitioner has the remedy to approach the same Court for breach of injunction under the provisions of Order XXXIX Rule 2A of the Code of Civil Procedure 1908."

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In view of the above decisions, it can be gathered that, disobedience of interim order granted in the petition would not amount to contempt of court in view of the fact that the same has not attained finality. Therefore, without going into the merits and reserving liberty to the complainants to

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NC: 2025:KHC:744-DB CCC No. 34 of 2023 C/W CCC No. 567 of 2022 CCC No. 64 of 2023

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