Yuhanon Mar Miletious Metropolitan vs Thomas Mar Dionysius on 15 September, 2009

[Cites 1, Cited by 1]

Kerala High Court

Yuhanon Mar Miletious Metropolitan vs Thomas Mar Dionysius on 15 September, 2009

Bench: S.S.Satheesachandran

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Tr.P(C).No. 111 of 2009()


1. YUHANON MAR MILETIOUS METROPOLITAN
                      ...  Petitioner

                        Vs



1. THOMAS MAR DIONYSIUS,AGED 81,
                       ...       Respondent

2. MATHEWS MAR EVANIOS, AGED 58

3. FR.MATHEW ABRAHAM, AGED 48 YEARS

4. MR.MATHAI, AGED 58 YEARS, S/O.KURIAKOSE

5. MR. ELIAS, AGED 64 YEASR,S/O. CHACKO

6. P.M.KUNJUMON, AGED 64, S/O.MATHU

7. N.O.MATHAI, AGED 70 YEARS,S/O.OUSEPH

8. K.P.MATHAI, AGED 66 YEARS, S/O.PAILY

                For Petitioner  :SRI.BIJU ABRAHAM

                For Respondent  :SRI.SAJAN VARGHEESE K.

The Hon'ble MR. Justice S.S.SATHEESACHANDRAN

 Dated :15/09/2009

 O R D E R
                   S.S.SATHEESACHANDRAN, J.
                  -----------------------------------
                      Tr.P.C.No.111 of 2009
                   ---------------------------------
            Dated this the 15th day of September, 2009

                               O R D E R

Petition for transfer is filed under Section 24 of CPC. Petitioner is the plaintiff in O.S.No.943 of 2002 on the file of the Sub Court, Thrissur. Petitioner seeks transfer of the above case to the I Additional District Court, Ernakulam, which is a special court constituted for trial of the Malankara church cases.

2. Notice being given respondents 5, 6 and 7 has entered appearance. I heard the learned counsel on both sides.

3. A special court has been constituted to try all church cases involving disputes of Malankara Churches and the present case also involve such a dispute and so much so, it has to be transferred to the I Additional District Court, Ernakulam, is the submission of the learned counsel for the petitioner. I do not find any merit in the submission. No party to the suit can insist his case is liable to be transferred to the District Court, for the reason that a special court has been constituted to try suits involving identical disputes. By orders of the Government a special court was constituted earlier to try the case involving disputes of the Malankara Church pursuant to the direction of the Tr.P.C.No.111 of 2009 2 Apex Court for an early disposal of such suits. Such orders have been issued as early as in 1977. Pursuant thereto the special court which was temporarily granted by the Government is continuing by the order of extension by the Government from time to time. Subsequently, some suits involving disputes of Malankara Church have been transferred to that special court by orders issued by this Court in transfer petitions moved under Section 24 of CPC. In the present petition, I find from the report received from the Registry, the transfer petition was moved at a time when the case was listed for trial. I find no reason to transfer the present case to the I Additional District Court, Ernakulam. The court in which the present suit has been instituted is equally competent to try and dispose of the suit and it appears that it will be more convenient for the parties to try the suit in the court in which it is pending.

Transfer petition, therefore dismissed.

S.S.SATHEESACHANDRAN, JUDGE.

bkn/-

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