Kerala High Court
K.P.Paulose vs St.Mary'S Jacobite Syrian Orthodox on 18 June, 2009
Author: V. Ramkumar
Bench: V.Ramkumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
FAO.No. 27 of 2003()
1. K.P.PAULOSE, S/O. PHILIPHOSE,
... Petitioner
2. K.T.BABY, S/O. THOMAS, AGED 41,
3. SAJU JOHN, S/O. JOHN, AGED 34,
4. JOY T.V., S/O.VARKEY, AGED 41,
5. YOHANNAN, S/O. VARGHESE, AGED 65,
6. BIJU JOHN, S/O. JOHN, AGED 28,
7. BABU PAPPACHAN, S/O. PAPPACHAN, AGED 32,
8. P.T.SKARIAH, S/O. THOMAS, AGED 54,
9. BABU KURIAKOSE, S/O. KURIAKOSE,
10. M.POULOSE, S/O. MATHAI, AGED 55,
11. P.T.VARKEY, S/O. THOMAS, AGED 54,
12. K.U.JOSEPH, S/O. ULAHANNAN, AGED 60,
13. JINISH, S/O. PAULOSE, AGED 27,
14. ELIAS, S/O. MARKOSE, AGED 35,
15. SKARIAH, S/O. VARGHESE, AGED 55,
Vs
1. ST.MARY'S JACOBITE SYRIAN ORTHODOX
... Respondent
2. BOBAN MANI, S/O. MANI, AGED 50,
3. SOYIS JACOB, S/O. JACOB, AGED 30,
4. FR.ELIAS CHERUKATU, S/O. JACOB,
For Petitioner :SRI.S.SREEKUMAR
For Respondent :SRI.K.C.ELDHO
The Hon'ble MR. Justice V.RAMKUMAR
Dated :18/06/2009
O R D E R
V. RAMKUMAR , J.
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F.A.O. No. 27 of 2003
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Dated this the 18th day of June, 2009.
JUDGMENT
In this appeal filed under Order 43 Rule 1(r) CPC., the plaintiffs in O.S No. 31 of 2002 on the file of the First Additional District Court, Ernakulam (Church Court), challenge the common order dated 11.04.2003 passed by that court dismissing the application (I.A. No. 4980 of 2002) filed by the appellants seeking a temporary injunction. The appellants/plaintiffs belong to the Catholicos faction of the Malankara church. As per the impugned common order, the court below also dismissed I.A. No. 838 of 2003 filed by defendants 1 to 3 belonging to the rival faction (Patriarch faction) against the alleged police excesses.
2. The aforesaid suit was for a declaration that the first defendant church namely St. Mary's Jacobite Syrian Orthodox Church, Marygiri, Aroor near Koothattukulam is governed by the 1934 Constitution and for a perpetual F.A.O. No. 27/2003 : 2 : injunction restraining the 4th defendant from convening the 'pothuyogam' in violation of the 1934 Constitution. It was in the said suit that the above I.A. No. 4980 of 2002 was filed by the plaintiffs belonging to the Catholicos faction.
3. When this appeal came up for hearing today, it was admitted by all sides that the suit itself is ripe for trial. Being a suit of the year 2002, it ought to have been disposed of long back. In a similar appeal filed as F.A.O. No. 306 of 2004 arising out of a connected suit filed as O.S. No. 34 of 2003 before the Church Court in respect of the very same church, on 13.09.2007, a learned Judge of this Court without going into the controversies on the merits of the matter directed the trial court to dispose of the suit itself untramelled by any of the observations made in the order impugned therein. I see no reason why the same course should not be adopted in this case also. Accordingly, this appeal is disposed of directing the trial court to dispose of the suit O.S. 31 of 2002 expeditiously untramelled by the F.A.O. No. 27/2003 : 3 : findings and observations in the impugned order. Considering the fact that O.S. Nos. 31 of 2002 and 34 of 2003 are to be jointly tried and are sufficiently old, the Church Court shall make every endeavour to dispose of the suits expeditiously and at any rate within 8 months of the date of receipt of a copy of this judgment.
Dated this the 18th day of June, 2009.
V. RAMKUMAR, JUDGE.
rv F.A.O. No. 27/2003 : 4 : V. RAMKUMAR, J
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JUDGMENT F.A.O. No. 27/2003 : 5 :