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Supreme Court - Daily Orders

Mathai Vaniyath vs Marthoman Church Mulanthuruthy on 29 September, 2020

Bench: Ashok Bhushan, R. Subhash Reddy, M.R. Shah

     ITEM NO.7+21                  Court 4 (Video Conferencing)            SECTION XI-A
                                   S U P R E M E C O U R T O F      I N D I A
                                           RECORD OF PROCEEDINGS
     Petition(s) for Special Leave to Appeal (C) No(s).11212/2020
     (Arising out of impugned final judgment and order dated 18-05-2020
     in WP(C) No.33316/2019 passed by the High Court Of Kerala At
     Ernakulam)
     MATHAI VANIYATH & ORS.                                              Petitioner(s)
                                                    VERSUS

     MARTHOMAN CHURCH MULANTHURUTHY & ORS.                               Respondent(s)
     (FOR ADMISSION and I.R. and IA No.94067/2020-EXEMPTION FROM FILING
     C/C OF THE IMPUGNED JUDGMENT and IA No.94070/2020-EXEMPTION FROM
     FILING AFFIDAVIT)
     WITH
     SLP(C) No.11562/2020
     (FOR ADMISSION and I.R. and IA No.97005/2020-PERMISSION TO FILE
     ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

     Date : 29-09-2020 These petitions were called on for hearing today.
     CORAM :
                             HON'BLE MR. JUSTICE ASHOK BHUSHAN
                             HON'BLE MR. JUSTICE R. SUBHASH REDDY
                             HON'BLE MR. JUSTICE M.R. SHAH

     Counsel for the parties:
                         Mr. Harish N. Salve, Sr. Adv.
                         Mr. Naveen R. Nath, AOR
                         Mr. M.T. George, Adv.
                         Mr. Saji Verghese, Adv.
                         Mr. Rahul Jain, Adv.
                                       Mr. V. Giri, Sr. Adv.
                                       Mr. M.S. Vishnu Sankar, Adv.
                                       Mr. Krishnan Venugopal, Sr. Adv.

                                       Mr. Sadiq, Adv.
                                       Mr. Sriram Parakkat, Adv.

                                       Mr. C.U. Singh, Sr. Adv.
                                       Mr. E.M.S. Anam, AOR

                              UPON hearing the counsel the Court made the following
                                                 O R D E R

Signature Not Verified SLP(C) No.11212/2020 Digitally signed by MEENAKSHI KOHLI Date: 2020.09.29 15:20:30 IST Reason: Heard learned counsel for the parties.

We do not find any ground to entertain this special leave 1 petition. The special leave petition is dismissed. However, we observe that O.P.(Civil) No.57469/19 and the regular appeal filed against the order dated 25.10.2019 of First Additional District Judge should be decided on its own merits. We also note that the petitioners’ case is that their case is not covered by K.S. Varghese vs. Saint Peters and Saint Paul's Syrian Orthodox Church (2017) 15 SCC 333 whereas the learned counsel for the respondents submits that this case is fully covered by the judgment of this Court in K.S. Varghese (supra). Pending application(s), if any, stands disposed of. SLP(C) No.11562/2020 The special leave petition is dismissed.

Pending application(s), if any, stands disposed of.

(ARJUN BISHT)                                       (RENU KAPOOR)
COURT MASTER (SH)                                   BRANCH OFFICER




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