Allowed

Mathews Litto Jacob v. St.Georges Church

Kerala HC9 Jun 2017Tr.P(C)/87/2017

Case brief

AI extract

What is this about?

The High Court allowed a transfer petition. The court ordered the transfer of a civil suit filed under Section 92 CPC by plaintiffs against a church from the Sub Court, Thodupuzha, to the Special Court for Church Cases in Ernakulam, citing a Supreme Court order on church dispute jurisdiction.

What did the court decide?

Transfer of O.S.No.33/2015 from Sub Court, Thodupuzha to I Additional District Court, Ernakulam (Special Court for Church Cases).

Mathews Litto Jacob Vs St.Georges Church — Civil Procedure and Limitation | Kerala HC (2017)

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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 B.KEMAL PASHA

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FRIDAY, THE 9TH DAY OF JUNE 2017/19TH JYAISHTA, 1939

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Tr.P(C).No. 87 of 2017

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AGAINST THE JUDGMENT IN OS 33/2015 of SUB COURT,THODUPUZHA

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PETITIONER(S):

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1. MATHEWS LITTO JACOB AGED 49 YEARS, S/O. P.M. CHACKO, RESIDING AT PENATTU KALAPPURAYIL, EDAMARUKU KARA, UDUMBANNOOR VILLAGE, THODUPUZHA TALUK, PIN - 685 595.

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2. JOY VARGHESE, AGED 49 YEARS, S/O. VARGHESE, CHAKKALACKAL HOUSE,EDAMARUKU KARA, UDUMBANNOOR VILLAGE, THODUPUZHA TALUK, PIN - 685 595.

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BY ADVS.SRI.T.KRISHNANUNNI (SR.) SRI.K.PAUL KURIAKOSE SRI.ELDO KURIAKOSE

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RESPONDENT(S):

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1. ST.GEORGES CHURCH EDAMARUKU, CHEENIKUZHY, UDUMBANNOOR, THODUPUZHA, PIN - 685 595, REPRESENTED BY ITS VICAR, REV. FR. VARGHESE P. VARGHESE.

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2. REV. FR. VARGHESE P. VARGHESE, VICAR, ST. GEORGE ORTHODOX, SYRIAN EDAMARUKU, CHEENIKUZHY, UDUMBANNOOR, THODUPUZHA, PIN - 685 595,

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3. THOMAS MAR DIONYSIOUS (NOW CLAIMING TO BE KNOWN AS BASELIOS THOMAS-1), PATRIARCHATE CENTRE, PUTHENCRUZ P.O, ERNAKULAM DISTRICT, PIN - 682 308.

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-2-

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Tr.P(C).No. 87 of 2017

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4. MATHEWS MAR IVANIOS, BASELIOS PAULOSE II CENTRE, KADAKKANAD P.O, KOLENCHERRY (VIA), KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. PIN - 682 311.

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5. FR. JOHN JACOB PUTHOORAN, PUTHOOR HOUSE, ST. THOMAS PUBLIC SCHOOL, MUVATTUPUZHA P.O, ERNAKULAM DISTRICT, PIN - 686 673.

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6. SIJU KURIAN, S/O. KURIAN, AMIKKATTUKUDIYIL HOUSE, CHEENIKUZHY P.O, UDUMBANNOOR KARA, UDUMBANNOOR VILLAGE, THODUPUZHA TALUK, PIN - 685 595,

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7. K.C JOSEPH, S/O. CHACKO, KOCHUKUNNEL, CHEENIKUZHY P.O, UDUMBANNOOR, UDUMBANNOOR VILLAGE, THODUPUZHA TALUK, PIN - 685 595,

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8. IYCE MARKOSE, S/O. MARKOSE,PUTHURAN HOUSE, CHEENIKUZHY P.O, UDUMBANNOOR, UDUMBANNOOR VILLAGE, THODUPUZHA TALUK, PIN - 685 595

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R5-8 BY ADV. SRI.PETER K.ALIAS

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-06-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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-3-

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Tr.P(C).No. 87 of 2017

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PETITIONERS' EXTS:

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ANNEXURE-A1 : PHOTOSTAT TRUE COPY OF PLAINT IN O.S.NO.33 OF 2015 PENDING BEFORE THE SUB COURT, THODUPUZHA.

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ANNEXURE-A2 : PHOTOSTAT TRUE COPY OF JUDGMENT DATED 9.2.2000 IN C.M.C. NO.110 OF 1999 OF THIS COURT.

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RESPONDENT'S EXTS.

NIL

// True copy //

P.S. to Judge.

B. KEMAL PASHA, J.

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................................................................ Tr.P.(C) No. 87 of 2017

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............................................................... Dated this the 9^th day of June, 2015

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O R D E R

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Plaintiffs in O.S.No.33/2015 of the Subordinate Judge's Court, Thodupuzha have come up with a request to get the suit transferred to the I Additional District Court, Ernakulam(Special Court for Church cases) for trial along with the connected suits pending before that court. The present suit is filed under Section 92 of the Code of Civil Procedure. The first defendant/Church is allegedly one coming under the Kandanad West Diocese of the Malankara Orthodox Syrian Church.

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Repeatedly, there is no representation for the respondents. In similar circumstances, it seems that this Court had transferred O.S.No.101/2014 of the Subordinate Judge's Court, Thodupuzha pertaining to the very same

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Tr.P.(C) No. 87 of 2017

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-: 2 :-

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Church, to the I Additional District Court, Ernakulam(Special Court for Church cases).

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The learned counsel for the petitioners has

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invited the attention of this Court to order dated 03.03.2017 of the Hon'ble Supreme Court of India in Special Leave to appeal Petition No.16579/2013, in which it was held that matters relating to the Malankara Church and disputes therein have to be decided by the above said Special Court. Therefore, it is just and convenient in the interest of justice to transfer the above suit to the Special Court.

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In the result, this Transfer Petition is allowed and O.S.No.33/2015 of the Subordinate Judge's Court, Thodupuzha is ordered to be transferred to the I Additional District Court, Ernakulam(Special Court for Church cases), at the earliest.

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Sd/- B. KEMAL PASHA, JUDGE.

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ul/-

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// true copy //

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P.S. to Judge.

Mathews Litto Jacob v. St.Georges Church

Case brief

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Mathews Litto Jacob v. St.Georges Church

Case brief

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