Disposed

Joji Joseph v. Indian Pentecostal Church of God (Ipc)

Kerala HC31 Aug 2016OP(C)/2156/2016

Case brief

AI extract

What is this about?

The High Court disposed of an application under Article 227 seeking directions to the Munsiff Court to issue a certified copy of an order expeditiously. The Court directed the Munsiff to issue the copy within one week but declined to stay the order or interfere with respondent elections, directing the lower court to decide relevant interim relief applications as filed.

What did the court decide?

Directed the Munsiff Court to issue the requested certified copy within one week. Rejected request to stay the order. Referred interim relief applications to the Munsiff Court.

Joji Joseph Vs Indian Pentecostal Church of… — Civil Procedure and Limitation | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN

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WEDNESDAY, THE 31ST DAY OF AUGUST 2016/9TH BHADRA, 1938

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OP(C).No. 2156 of 2016 (O)

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OS.NO.432/2016 OF MUNSIFF COURT, THIRUVALLA

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PETITIONER(S):

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1. JOJI JOSEPH, AGED 43, S/O.P.JOSEPH, CHEENIVILAYIL KRIPA HOUSE, MANCHALLOOR, PATHANAPURAM P.O., KOLLAM DISTRICT.

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2. DANIEL. K.M., AGED 59 YEARS, S/O.LATE K.C.MATHEW, KURIMATTAM HOUSE, ALPPARA, KANNARA P.O., PEECHI VILLAGE, THRISSUR DISTRICT.

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BY ADV. SRI.V.PHILIP MATHEW

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RESPONDENT(S):

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1. INDIAN PENTECOSTAL CHURCH OF GOD (IPC), HEBRON, KUMBANAD P.O., PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS GENERAL SECRETARY (PRESENTLY PASTOR SAM GEORGE, S/O.E.C.GEORGE, HEBRON, KUMBANAD P.O., PATHANAMTHITTA DISTSRICT)-689547.

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INDIAN PENTECOSTAL CHURCH OF GOD (IPC), KERALA STATE, HEBRON, KUMBANAD P.O., PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS PRESIDENT (PRESENTLY PASTOR K.C.THOMAS, S/O.CHACKO, HEBRON, KUMBANAD P.O., PATHANAMTHITTA DISTSRICT)-689547.

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3. PASTOR K.C.JOHN, S/O.CHACKO, IPC GOSPEL CENTRE, NEDUMBRAM P.O., PERINGARA VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT-689110.

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4. PASTOR B.MONACHEN, MULASVANA FAITH VILLA, ERUVA P.O.,MULAVANA, KARTHIKAPALLY TALUK, ALAPPUZHA DISTRICT-690572.

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5. PASTOR THOMAS PHILIP, S/O.PHILIP, EBENEZER COTTAGE,VENMONY P.O., CHENGANNUR VILLAGE, ALAPPUZHA DISTRICT-689509.

....2/-

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OP(C).No. 2156 of 2016 (O)

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6. ADV.JOHNSON SAMUEL, S/O.SAMUEL, KUTTIKATTIL HOUSE, PATHANAPURAM P.O., KOLLAM DISTRICT-689695.

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7. SAJI PAUL, MADATHILKATTIL HOUSE, MOOLEDAM P.O., NATTAKOM VILLAGE, KOTTAYAM DISTRICT-68013.

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8. JOHN THOMAS, S/O.THOMAS, PUTHETHU THUNIDPARAMPIL HOUSE, PUNNACKADU P.O., KUZHIKKALA, PATHANAMTHITTA DISTRICT-689652.

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9. G.ISSAIC, BETHESTHA, TKRA-2, T.C.1543(4), THIRUMALA P.O., THIRUVANANTHAPURAM DISTRICT-695006.

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10. INDIAN PENTECOSTAL CHURCH OF GOD (IPC), GENERAL COUNCIL, HEBRON, KUMBANAD P.O., PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS GENERAL SECRETARY (PRESENTLY PASTOR JACOB JOHN, HEBRON, KUMBANAD P.O., PATHANMTHITTA DISTRICT)-689547.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 31-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C).No. 2156 of 2016 (O) ---------------------------

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1: COPY OF PLAINT IN OS.432/2016

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P2: COPY OF IA.2492/16 FILED BY THE PETITIONERS IN OS.432/16.

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RESPONDENT(S)' EXHIBITS

NIL.

/ TRUE COPY /

P.S. TO JUDGE

K.RAMAKRISHNAN, J.

======================== O.P (C) No.2156 of 2016

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==========================

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Dated this the 31^st day of August, 2016

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JUDGMENT

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This is an application filed by the petitioner seeking a direction to the Munsiff, Thiruvalla to issue certified copy emergently and pass appropriate interim orders by this Court during that period under Article 227 of the Constitution of India.

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It is alleged in the petition that petitioners are plaintiffs in O.S No.432 of 2016 on the file of the Munsiff Court, Thiruvalla and the respondents are the defendants in the suit. Petitioner filed I.A No.2492 of 2016 seeking temporary injunction restraining respondents 3 to 7 from contesting the election to IPC General Council which was scheduled on 10.08.2016 and seeking other reliefs. The court below dismissed I.A No.2492 of 2016 by order dated 27.08.2016. They filed an application for getting certified copy of the order as C.A No.1146/2016 along with I.A No. 2687/2016 to issue the copy emergently. But the copies are

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O.P(C) No.2156 of 2016

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Page numbers

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not been issued so far. They could not file an appeal to get an interim order. So the petitioners have not other remedy except to approach this Court seeking the following reliefs:

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i) To pass appropriate order directing the Munsiff Court, Thiruvalla to issue the certified copy of order dated 27.08.2016 passed in I.A No.2492/2016 in O.S No.432/2016 to the petitioners expeditiously within a time limit to be specified by this Hon'ble Court.

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ii) To pass appropriate order directing the Munsiff Court, Thiruvalla to keep the order dated 27.08.2016 passed in I.A No.2492/2016 in abeyance till the petitioners receive the certified copy of the order dated 27.08.2016 passed in I.A No.2492/2016.

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iii) To pass appropriate orders directing respondents not to declare the results of the election, not to assume office based on the election or to function in any capacity as office bearers of IPC General Council or otherwise based on the election.

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iv) Mould and grant such other reliefs which this Hon'ble Court deems just and necessary and that may be prayed for by the petitioner while hearing the O.P.(C).

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O.P(C) No.2156 of 2016

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Page numbers

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Heard Sri.V.Philip Mathews, counsel appearing for the petitioners.

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Considering the reliefs claimed, this Court felt that the notice to other respondents can be dispensed with and the petition can be disposed of at the admission stage itself.

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Since the petitioners filed an emergent copy application as C.A No.1146/2016 along with I.A No. 2687/2016 for issuing copy of the order in I.A No.2492 of 2016 in O.S No.432 of 2016, this Court feels that the petition can be disposed of by giving direction to the court below to expedite the issuance of the copy within a time frame. So this petition is disposed of as follows:

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The Munsiff, Thiruvalla is directed to expedite issuance of certified copy applied for emergently by the petitioners as C.A No.1146/2016 along with I.A No. 2687/2016 in respect of order passed in I.A No.2492 of 2016 in O.S No.432 of 2016 of that court as expeditiously as possible, at any rate, within one week from today if the copy application filed is in order. As regards the second prayer in the petition is concerned, this Court feels that it is not proper for this Court to pass any order as the petitioner can move the court below itself for that purpose. If such an

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O.P(C) No.2156 of 2016

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Page numbers

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application is filed, then, the court below is directed to pass appropriate orders in that application in accordance with law. With the above direction and observation this petition is disposed of.

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Registry is directed to communicate this judgment to the court below by telephone today itself followed by sending the copy of the judgment by fax at the earliest.

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Sd/-

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K.RAMAKRISHNAN, JUDGE

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vdv/30/08/16

Joji Joseph v. Indian Pentecostal Church of God (Ipc)

Case brief

What is this about?

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Joji Joseph v. Indian Pentecostal Church of God (Ipc)

Case brief

What is this about?

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