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2024 Supreme(Online)(KAR) 38723

HIGH COURT OF KARNATAKA
H.P.SANDESH
THE PARISH PRIEST – Appellant
Versus
SMT. MARY STELLA – Respondent


Petitioner Advocates:,Respondent Advocate: SIDDHARTH BABURAO

ORAL JUDGMENT

Heard the learned counsel for the appellant. The learned counsel for the respondents is absent and this Court made it clear in the previous occasion that if the learned counsel for the respondents does not appear on the next date of hearing, the matter will be heard in his absence.

2. This appeal is filed against the order dated

12.07.2017 allowing I.A.No.1 and dismissing I.A.No.4 in O.S.No.2501/2017 and made an ad-interim order as absolute.

3. The case of the respondents/plaintiffs before the Trial Court is that they are the Parishioners of Holy Redeemer Church situated at Hennur Bande Main road, (which is hereinafter referred as schedule Church) and for which the Church has issued family book to all the Parishioners and that shows that the plaintiffs are the Parishioners of the said Church, that the Church was devoted to the faithful public in the year

2008 and from the date of its inception, the masses and prayer are offered in Kannada and English languages and the same is followed by all these days. It is contended that the devotees of the said Church are mainly Kannada speaking people. That the Church being a place of worship is functioning at the participation of th

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