Malayathu Daiva Sabha Church vs Paul Ranganathan

Citation : 2021 Latest Caselaw 786 Ker
Judgement Date : 8 January, 2021

Kerala High Court
Malayathu Daiva Sabha Church vs Paul Ranganathan on 8 January, 2021
              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

              THE HONOURABLE MR.JUSTICE SATHISH NINAN

       FRIDAY, THE 08TH DAY OF JANUARY 2021/18TH POUSHA, 1942

                      O.P.(C).No.1914 OF 2020

            (AGAINST THE ORDER/JUDGMENT IN OS 2199/2014
              OF PRINCIPAL MUNSIFF COURT, TRIVANDRUM)

  PETITIONERS/PLAINTIFFS:

   1       MALAYATHU DAIVA SABHA CHURCH,
           VILAVOORKKAL, MALAYAM,
           REPRESENTED BY ITS SECRETARY, SIVA RAJAN.P,
           AGED 58 YEARS, S/O.PONNAN NADAR,
           VILAVOORKKAL, BETHEAL HOUSE,
           CHOOZHATTU KOTTA, MALAYAM.P.O,
           THIRUVANANTHAPURAM-695 511.

   2       SIVA RAJAN.P, AGED 58 YEARS,
           S/O.PONNAN NADAR, VILAVOORKKAL,
           BETHEAL HOUSE, CHOOZHATTU KOTTA,
           MALAYAM.P.O, THIRUVANANTHAPURAM-695 511.

   3       HEPHZIBAH RAJAN, AGED 46 YEARS,
           W/O.SIVA RAJAN.P, BETHEAL HOUSE,
           CHOOZHATTU KOTTA, MALAYAM.P.O,
           THIRUVANANTHAPURAM-695 511.

   4       K.J.CICILY, AGED 81 YEARS,
           D/O.K.M.JOSEPH, VAISAKH, T.C.64/137,
           KARUMOM.P.O, THIRUVANANTHAPURAM-695 002.

   5       JERRIN.L.H, AGED 36 YEARS, S/O.LALY DAVID,
           PASTOR OF MALAYATHU DAIVA SABHA CHURCH,
           CHERUVILA VEEDU, VILAVOORKKAL,
           MALAYAM.P.O, THIRUVANANTHAPURAM-695 571.

           BY ADVS.
           SMT.M.A.ZOHRA
           SMT.SHREEJI R. NAIR

  RESPONDENT/DEFENDANT:

          PAUL RANGANATHAN, AGED 66 YEARS, S/O.NANU VAIDYAN,
          NO.7, ABHITH NAGAR, CHOOLAIMEDU, CHENNAI-94, TAMIL NADU.

      THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
  O.P.(C).No.1914 OF 2020


                                 2




                           JUDGMENT

It is submitted by the learned counsel for the petitioners that, pending the original petition orders have been passed on I.A.No.1 of 2020-the application under Order I Rule 8 CPC. In view of the above, the learned counsel for the petitioners seeks permission to withdraw the original petition without prejudice to their rights.

Permission granted. Original petition is dismissed as withdrawn.

Sd/-

SATHISH NINAN JUDGE ss O.P.(C).No.1914 OF 2020 3 APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PLAINT IN O.S.2199 OF 2014 BEFORE THE MUNSIFF'S COURT, THIRUVANANTHAPURAM EXHIBIT P2 TRUE COPY OF THE I.A.9322/2014 IN O.S.2199/2014 BEFORE THE MUNSIFF'S COURT, THIRUVANANTHAPURAM EXHIBIT P3 TRUE COPY OF THE I.A.1/2020 IN O.S.2199/2014 BEFORE THE PRINCIPAL MUNSIFF'S COURT, THIRUVANANTHAPURAM EXHIBIT P4 TRUE COPY OF THE DRAFT PUBLICATION IN O.S.2199/2014.