Dismissed

M M Varghese v. Mar Ignathios Nooronno Jacobite Syrian Orthodox Church

Kerala HC3 Oct 2016OP(C)/2286/2016

Case brief

AI extract

What is this about?

In O.P.(C) No.2286 of 2016, petitioners sought directions from the Kerala High Court to restrain the respondents from holding an election and to compel the Munsiff Court to issue judgment copies. The Court, after receiving a report that the carbon copy was issued on 09.09.2016, found no further orders required and dismissed the petition. The court instructed the petitioner to approach the appropri

What did the court decide?

Petition dismissed. Directing the petitioner to approach the appropriate forum against the impugned order of the lower court.

M M Varghese Vs Mar Ignathios Nooronno Jacobite Syrian… — Contempt of Court | 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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MONDAY, THE 3RD DAY OF OCTOBER 2016/11TH ASWINA, 1938

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OP(C).No. 2286 of 2016 (O)

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IA.NO.25402016 IN OA.407/2016 OF MUNSIFF COURT, MUVATTUPUZHA

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PETITIONER(S):

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1. M.M. VARGHESE,

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AGED 64 YEARS, S/O.MATHEW, MANJUMMEKKUDIYIL HOUSE, BHOOTHATHANKETTU KARA, PINDIMANA VILLAGE, KOTHAMANGALAM THALUK - 686 691.

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2. SHIBU K. BABY, AGED 53 YEARS, S/O.BABY, KEELACHIRANGARA HOUSE, PINDIMANA VILLAGE, KOTHAMANGALAM THALUK-686 691.

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BY ADV. SRI.JOY C. PAUL

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RESPONDENT(S):

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1. MAR IGNATHIOS NOORONNO JACOBITE SYRIAN ORTHODOX CHURCH, CHENKARA, CHENKARA KARA, KEERAMPARA VILLAGE, KOTHAMANGALAM THALUK, PIN - 686 691.

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2. REV.FR.BABU VARGHESE, PALAPILLIL VIKAR-MAR IGNATHIOS NOORONNO JACOBITE SYRIAN ORTHODOX CHURCH CHENKARA, CHENKARA KARA, KEERAMPARA VILLAGE,KOTHAMANGALAM THALUK NOW RESIDING AT PALAPILLIL HOUSE, KARUKADOM KARA, KOTHAMANGALAM VILLAGE, KOTHAMANGALAM THALUK, PIN - 686 691.

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 03-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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msv/

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OP(C).No. 2286 of 2016 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1 TRUE COPY OF CONSTITUTION OF JACOBITE SYRIAN CHRISTIAN SABHA 2002

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P2 TRUE COPY OF RULES & REGULATIONS OF ELECTION IN THE MAR IGNATHIOS NOORONNO JACOBITE SYRIAN ORTHODOX CHURCH, CHENKARA.

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P3 TRUE COPY OF PLAINT IN OS NO.407/2016 OF MUNSIFF COURT, MUVATTUPUZHA

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P4 TRUE COPY OF WRITTEN STATEMENT IN O.S NO.407/2016 OF MUNSIFF COURT, MUVATTUPUZHA.

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P5 TRUE COPY OF ORDER IN IA NO.2411/16 IN O.S NO.407/2016 OF MUNSIFF COURT, MUVATTUPUZHA.

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P6 TRUE COPY OF EXTRACT OF MINUTS BOOK DATED 21.8.2016 OF MAR IGNATHIOS NOORONNO JACOBITE SYRIAN ORTHODOX CHURCH, CHENKARA.

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P7 TRUE COPY OF PETITION FILED IN IA NO.2540/2016 IN O.S NO.407/2016 OF MUNSIFF COURT, MUVATTUPUZHA.

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RESPONDENT(S)' EXHIBITS

NIL

//TRUE COPY//

P.S.TO JUDGE

Msv/

K.RAMAKRISHNAN, J.

======================== O.P.(C) No.2286 of 2016

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========================== Dated this the 3^rd day of October, 2016

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JUDGMENT

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O.S No.406 of 2016 was filed by the petitioners herein before Munsiff Court, Muvattupuzha against the respondents in respect of conduct of election to the first defendant church and also filed I.A No.2411 of 2016 for injunction and as per Ext.P4 order court below recorded the submissions made by the counsel for the respondents that they are not going to conduct election and they are only going to convene a general body meeting and that was submission was recorded and the case was posted to a future date. Thereafter the matter was heard on preliminary issue regarding the maintainability of the case and also petitioner filed I.A No.2540 of 2016 for injunction restraining the respondents from inducting others in the governing body or administration of the first respondent church till the disposal of the suit. It is mentioned in the petition that the court below heard the matter on 28.09.2016 and dismissed the suit as well as the petition on

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O.P.(C) No.2286/ 2016

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30.09.2016. Though petitioner filed application for carbon copy

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of the order and the judgment, the same has not been received so far. So, petitioner has no other remedy except to approach this Court seeking the following reliefs:

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i) Issue an order or direction to Munsiff

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Court, Muvattupuzha to issue copy of judgment and order in O.S No.407/2016 immediately and direct the 2^nd respondent not to conduct any election against the rules in Exhibit P2 till the appeal period.

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ii) Issue such other writs, orders or direction

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as this Hon'ble Court may deem fit and proper in the circumstances of the case.

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A report has been called for from the Munsiff Court,

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Muvattupuzha and the Munsiff has sent a report dated 20.09.2016, which reads as follows:

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“Order in I.A.2411/16 in O.S.407/2016 on the file of this court was pronounced on 3.9.2016. Adv.M.Jayalal, counsel for petitioner filed carbon copy application on 3.9.2016 as C.A.1155/16. Since 4.9.16 was Sunday, on 5.9.2016 original was called for from bench section. On 6.9.16 and 7.9.16 I was engaged as JFCM-I, Muvattupuzha and there was no

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O.P.(C) No.2286/ 2016

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sitting in this court. The order was corrected and given for typing on 8.9.2016. On 9.9.2016, original was issued from bench section to copying section and carbon copy was issued on the same day itself.”

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Counsel for the petitioner sought for an adjournment

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today, which is rejected in view of the report of the court below no further orders is required in this petition. It is seen from the report that the carbon copy has been issued on 09.09.2016. So once the carbon copy has already been issued, the petitioner has to resort his remedies by approaching the appropriate forum against the impugned order. So no further orders is required in this matter. The report of the Munsiff, Muvattupuzha is recorded and the petition is dismissed accordingly.

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K.RAMAKRISHNAN , JUDGE

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vdv/05/10/16

M M Varghese v. Mar Ignathios Nooronno Jacobite Syrian Orthodox Church

Case brief

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M M Varghese v. Mar Ignathios Nooronno Jacobite Syrian Orthodox Church

Case brief

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