Disposed

Thomas Elias Paarel v. Malankara Suriyani Knanaya Association

Kerala HC23 Feb 2018OP(C)/526/2018

Case brief

AI extract

What is this about?

The High Court ordered the District Court to decide an application for stay of trial within 2 to 4 weeks pending a transfer petition. Proceedings in the lower court suit were stayed until the District Court passed orders.

What did the court decide?

Stay on all further proceedings in the suit until the District Court decides the transfer and stay applications; District Court directed to act within 2 to 4 weeks.

Thomas Elias Paarel Vs Malankara Suriyani… — Civil Procedure and Limitation | Kerala HC (2018)

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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 ALEXANDER THOMAS

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FRIDAY, THE 23RD DAY OF FEBRUARY 2018 / 4TH PHALGUNA, 1939 OP(C).No. 526 of 2018

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(O.S.NO.506/2013 OF MUNSIFF'S COURT, KOTTAYAM) ------------

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PETITIONER/PETITIONER/PLAINTIFF:

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THOMAS ELIAS PAAREL, AGED 64, S/O P.T ELIAS PAAREL, RESIDING AT C-203, CHANDRAKIRAN APARTMENT, 42/1, NETHAJI ROAD, FRAZER TOWN, BANGALORE- 560 005

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BY ADVS.SRI.R.T.PRADEEP SRI.K.C.HARISH

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RESPONDENT(S)/RESPONDENTS/DEFENDANTS:

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1. MALANKARA SURIYANI KNANAYA ASSOCIATION, MAR APREM SEMINARY, CHINGAVANAM P.O., KOTTAYAM DISTRICT -686 531 REPRESENTED BY ITS SECRETARY ELIAS ZACHARIAH PARAYIL.

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2. FR.A.T.THOMAS ARAKKAL, THE PRESIDENT, MALANKARA SURIYANI KNANAYA ASSOCIATION, MAR APREM SEMINARY, CHINGAVANAM P.O., KOTTAYAM DISTRICT- 686 531

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3. KNANAYA COMMITTEE, REPRESENTED BY ITS SECRETARY, ELIAS ZACHARIA PARAYIL, MALANKARA SURIYANI KNANAYA ASSOCIATION, MAR APREM SEMINARY, CHINGAVANAM P.O., KOTTAYAM DISTRICT-686 531

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4. K.K.KURUVILLA, THE MANAGING TRUSTEE OF THE MALANKARA SURIYANI KNANAYA BHADRASANAM, MAR APREM SEMINARY, CHINGAVANAM P.O., KOTTAYAM DISTRICT -686 531

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5. KURIAKOSE MAR SEVERIOS, ARCH BISHOP AND CHIEF METROPOLITAN OF KNANAYA ARCH DIOCESE, MAR EPHRAIM SEMINARY, CHINGAVANAM POST, NATTAKOM VILLAGE, KOTTAYAM DISTRICT -686 531

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2/-

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-2-

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OP(C).No. 526 of 2018

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6. KURIAKOSE MAR GREGORIOS, METROPOLITAN IN CHARGE OF THE KALLISSERY DIVISION OF THE KNANAYA ARCH DIOCESE, BETH-MAHRIN, THIRUVALLA -689 101

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7. KURIAKOSE MAR IVANIOS, METROPOLITAN IN CHARGE OF THE RANNY DIVISION OF THE KNANAYA ARCH DIOCESE, ANGADY P.O,. RANNY, PATHANAMTHITTA DISTRICT -689 674

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8. AYOUB MAR SYLVANOS, ARCH BISHOP OF THE KNANAYA SYRIAN CHURCHES IN AMERICA, CANADA AND EUROPE C/O. MAR APREM SEMINARY, CHINGAVANAM POST, NATTAKOM VILALGE, KOTTAYAM DISTRICT -686 531

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 23-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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3/3/2018

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sts

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OP(C).No. 526 of 2018 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF PLAINT IN OS NO.506/2013 BEFORE THE MUNSIFF'S COURT, KOTTAYAM
EXHIBIT P2 TRUE COPY OF COMMON JUDGMENT DATED 16.11.2017 IN O.P(C) NOS.1773/16, 2281/16, 3074/16 AND 3335/2016 AND 2339/2017
EXHIBIT P3 TRUE COPY OF IA NO.264/2018 DATED 1-2-18 IN OS NO.506/2013 SEEKING ENQUIRY OF THE REVELATION MADE BY THE PRESIDING OFFICER OF THE MUNSIFF'S COURT, KOTTAYAM
EXHIBIT P4 TRUE COPY OF ORDER DATED 5.2.18 IN SLP.NO.1726/2018 OF THE HON'BLE SUPREME COURT OF INDIA
EXHIBIT P5 TRUE COPY OF AFFIDAVIT DATED 9-2-2018 IN O.S NO.506/2013
EXHIBIT P6 TRUE COPY OF IA. NO.370/2018 DATED 14-2-2018 IN O.S NO.506/2013 FILED BEFORE THE COURT BELOW, SEEKING TO KEEP ALL FURTHER PROCEEDINGS OF THE PENDING SUIT IN ABEYANCE
EXHIBIT P7 TRUE COPY OF T.P. NO.25/2018 DATED 17-2-2018 BEFORE DISTRICT COURT, KOTTAYAM
EXHIBIT P8 TRUE COPY OF I.A DATED 17-2-2018 IN T.P. NO.25/2018 SEEKING STAY OF TRIAL PROCEEDINGS IN O.S NO.506/2013 BEFORE MUNSIFF'S COURT, KOTTAYAM

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RESPONDENT'S EXHIBITS: NIL

/TRUE COPY/

P.A.TO JUDGE

sts 3/3/2018

ALEXANDER THOMAS, J .

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O.P.(C) No. 526 of 2018

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Dated this the 23^rd day of February, 2018

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JUDGMENT

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The main prayers in this Original Petition (Civil) filed under

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the enabling provisions of Article 227 of the Constitution of India is as follows :

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“To direct the Munsiff's Court, Kottayam to keep in abeyance the trial of O.S. No.506/2013 till the T.P. No.25/2018

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being decided by District Court, Kottayam.”

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Heard Sri.R.T. Pradeep, learned counsel appearing for the petitioner/plaintiff. In the nature of the orders proposed to be passed in this petition, notice to the respondents will stand dispensed with.

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Sri.R.T. Pradeep, learned counsel appearing for the petitioner/plaintiff submits that the petitioner has filed Ext.P7 transfer petition, T.P. No. 25/2018 before the District Court, Kottayam seeking orders of that Court under Section 27 of the CPC to transfer Ext.P1 O.S. No.506/2013 now pending on the file of the Munsiff's Court, Kottayam to any other Munsiff's Court in Kottayam District. Further it is submitted that the petitioner had also filed along with the Ext.P7 transfer petition, I.A. dated

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OP(C) : 526 of 2018

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-:2:-

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17.02.2018 seeking stay of the trial proceedings in the above said O.S. No. 506/2013 before the Munsiff's Court, Kottayam. Sri. R.T. Pradeep, learned counsel appearing for the petitioner would submit that the limited prayer sought for by the petitioner is a direction from this Court to ensure that the District Court, Kottayam passes orders on Ext.P8 I.A. (stay application) filed in Ext.P7 transfer petition, without much delay and that until orders are passed on Ext.P8 stay application, it may be ordered that further proceedings in the above said Suit may be ordered to be kept in abeyance.

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In view of the above said limited prayer made on behalf of the petitioner it is ordered in the interest of justice that the District Court, Kottayam will take up for consideration Ext.P8 I.A.(stay application) filed in T.P. No.25/2018, after affording a reasonable opportunity of being heard to both sides, disposing of the stay application, without much delay, preferably within a period of 2 to 4 weeks from the date of production of certified copy of this judgment.

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It is submitted by learned counsel appearing for the petitioner that notice has been served on the respondents therein on the transfer petition as well as the stay application by special

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OP(C) : 526 of 2018

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-:3:-

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messenger and further that even notices on those respondents have also been duly served on the Advocates appearing for those parties before the trial court concerned. Until orders are passed by the District Court, Kottayam, it is ordered that all further proceedings in the above said O.S. No. 506/2013 on the file of Munsiff's Court, Kottayam will stand deferred. The petitioner will produce a certified copy of this judgment before the District Court, Kottayam as well as before the Munsiff's Court, Kottayam for necessary information.

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With these observations and directions, this Original Petition (Civil) will stand finally disposed of.

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Sd/ALEXANDER THOMAS, JUDGE

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ttb

Thomas Elias Paarel v. Malankara Suriyani Knanaya Association

Case brief

What is this about?

What did the court decide?

Thomas Elias Paarel v. Malankara Suriyani Knanaya Association

Case brief

What is this about?

What did the court decide?

What the court decided

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