Allowed

Abraham Thomas v. the Malankara Suriyani Knanaya Association

Kerala HC22 Apr 2016OP(C)/704/2016

Case brief

AI extract

What is this about?

The High Court directed the lower court to consider an interim application (Exhibit P3) on the reopening day and pass appropriate orders after hearing parties, based on a meeting decision to cancel a previous action.

What did the court decide?

Exhibit P3 application shall be taken up by the Munsiff's Court on the reopening day and appropriate orders passed thereon after hearing parties without delay.

Abraham Thomas Vs the Malankara Suriyani Knanaya Association — Kerala HC (2016) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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FRIDAY, THE 22ND DAY OF APRIL 2016/2ND VAISAKHA, 1938

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OP(C).No. 704 of 2016 (O)

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-------------------------AGAINST THE ORDER/JUDGMENT IN OS 73/2016 of PRL.M.C., KOTTAYAM DATED

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PETITIONER(S):

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ABRAHAM THOMAS, AGED 46, 2/O.M.T.THOMAS, MELAYIL HOUSE, THYMARAVUMKARA P.O., KUTTOOR VILLAGE, WEST OTHARA, THIRUVALLA-689 551.

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BY ADVS.SRI.A.BALAGOPALAN SRI.A.RAJAGOPALAN SRI.M.N.MANMADAN SRI.M.S.IMTHIYAZ AHAMMED SMT.P.SEENA

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RESPONDENT(S):

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1. THE MALANKARA SURIYANI KNANAYA ASSOCIATION AT MAR APREM SEMINARI, CHINGAVANAM P.O., KOTTAYAM, REPRESENTED BY ITS SECRETARY, DR.ABRAHAM PUNNOOSE, PIN 686 531.

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2. KURIAKOSE MAR SEVERIOS ARCH BISHOP AND CHIEF METROPOLITAN OF THE KNANAYA ARCH DIOCESE, IN CHARGE OF CHINGAVANAM AND GULF REGION, CHINGAVANAM P.O., KOTTAYAM-686 531.

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3. KURIAKOSE MAR GREGORIOSE, METROPOLITAN-IN CHARGE OF KALLISSERRY DIVISION OF THE KNANAYA ARCH DIOCESE, BETH MAHRIN, VALLAMKULAM P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN-689 541. 4. KURIAKOSE MAR IVANIOS, IN-CHARGE OF THE RANNI DIVISION OF THE KNANAYA ARCH DIOCESE, ANGADI P.O., RANNI, PATHANAMTHITTA DISTRICT, PIN-689 604.

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5. AYUB MAR SILVANOS, ARCH BISHOP OF THE KNANAYA SYRIAN CHURCHES IN AMERICA, CANADA & EUROPE, MAR APREM SEMINARY, CHINGAVANAM P.O., KOTTAYAM, PIN-686 531.

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6. THE MALANKARA SURIYANI KNANAYA ARCH DIOCESE AT MAR APREM SEMINARY, CHINGAVANAM P.O., KOTTAYAM, REPRESENTED BY ITS TRUSTEE SRI T.O.ALEYAS, PIN-686 531.

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R2 BY ADV. SRI.RENJITH THAMPAN (SR.) R2 BY ADV. SMT.P.R.REENA

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 22-04-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C).No. 704 of 2016

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1: COPY OF PLAINT IN O.S.NO.73 OF 2016 ON THE FILE OF THE MUNSIFF'S COURT, KOTTAYAM. EXHIBIT P2: COPY OF NOTICE DATED 17.2.2016 PUBLISHED BY THE SECRETARY OF THE 1ST RESPONDENT ASSOCIATION. EXHIBIT P3: COPY OF I.A.NO.609/2016 N O.S.NO.73/2016 SUPPORTED BY THE AFFIDAVIT OF THE PETITIONER.

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/TRUE COPY/

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PS TO JUDGE

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ANU SIVARAMAN, J.

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O.P(C).No.704 of 2016

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----------------------------------------------Dated this the 22^nd April, 2016

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JUDGMENT

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The prayer in this original petition is for a direction to the Munsiff's Court, Kottayam to dispose of Exhibit P3 application within a time frame to be fixed by this Court. By interim order dated 14.3.2016, this Court directed that decisions, if any, taken in the meeting proposed to be conducted on 15.3.2016, shall not be implemented till the final disposal of Exhibit P3 application.

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Heard learned Senior Counsel appearing for the second respondent. He would submit that in the meeting, which was held on 15.3.2016 in the presence of the Commissioner appointed by the Munsiff's Court, it was decided unanimously to cancel the action of the fifth respondent. In the above circumstances, it is submitted that the original petition can be disposed of directing consideration of Exhibit P3 at the earliest.

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In the above circumstances, it is directed that Exhibit P3 application shall be taken up by the Munsiff's Court, Kottayam on the reopening day and appropriate orders passed thereon in accordance with law after hearing the parties without delay.

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The original petition is ordered accordingly.

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ANU SIVARAMAN

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JUDGE

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vgs22/4

Abraham Thomas v. the Malankara Suriyani Knanaya Association

Case brief

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Abraham Thomas v. the Malankara Suriyani Knanaya Association

Case brief

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