IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
OP(C) NO. 834 OF 2022
ARISING FROM CMA 7/2022 BEFORE THE VACATION COURT,KOTTAYAM
PETITIONERS/DEFENDANTS 2 & 3:
1 MOR GREGORIOS KURIAKOSE,AGED 68 YEARS
S/O. LATE THOMAS,
RESIDING AT BETHNEHERIN BISHOP'S HOUSE, VALLAMKULAM,
THIRUVALLA - 689 541,(REGIONAL METROPOLITAN,
KALLISSERY REGION OF MALANKARA SURIYANI KNANAYA ARCH
DIOCESE)
2 MOR IVANIOS KURIAKOSE,AGED 57 YEARS
S/O. LATE K.G. ABRAHAM,RESIDING AT URAHA BISHOP'S
HOUSE, NEAR ST. THOMAS VALIYAPALLI, ANGADI (P.O.),
RANNI - 689 674,(REGIONAL METROPOLITAN,
RANNI REGION OF MALANKARA SURIYANI KNANAYA ARCH
DIOCESE)
BY ADVS.JACOB P.ALEX,MANU SANKAR P.
AMAL AMIR ALI,JOSEPH P.ALEX
RESPONDENTS/PLAINTIFF & 1ST DEFENDANT:
1 C.A. PUNNOOSE,CHIRATHALAKKAL HOUSE,
THIRUVANVANDOOR (P.O.),THIRUVANVANDOOR VILLAGE,
CHENGANNUR TALUK, ALAPPUZHA DISTRICT- 689 109
2 MOR SEVERIOS KURIAKOSE,SAMUDAYA METROPOLITAN,
MOR APHREM SEMINARY, CHINGAVANAM (P.O.),
NATTAKOM VILLAGE, KOTTAYAM DISTRICT-686 531
BY ADVS.ANANTHAKRISHNAN A. KARTHA
ANIL D.KARTHA(K/000029/1988),G.SURESH(S-779)
SHARATH ELDO PHILIP(K/1291/2016)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 26.05.2022
ALONG WITH OP(C) NO.836 OF 2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
OP(C) Nos.834 & 836 of 2022 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
OP(C) NO. 836 OF 2022
ARISING FROM CMA 6/2022 BEFORE THE VACATION COURT,KOTTAYAM
PETITIONERS/DEFENDANTS 2 & 3:
1 MOR GREGORIOS KURIAKOSE,AGED 68 YEARS
S/O. LATE THOMAS,RESIDING AT BETHNEHERIN BISHOP'S
HOUSE, VALLAMKULAM, THIRUVALLA - 689 541
(REGIONAL METROPOLITAN,KALLISSERY REGION OF MALANKARA
SURIYANI KNANAYA ARCH DIOCESE)
2 MOR IVANIOS KURIAKOSE,AGED 57 YEARS
S/O. LATE K.G. ABRAHAM,RESIDING AT URAHA BISHOP'S
HOUSE, NEAR ST. THOMAS VALIYAPALLI, ANGADI (P.O.),
RANNI - 689 674(REGIONAL METROPOLITAN,
RANNI REGION OF MALANKARA SURIYANI KNANAYA ARCH
DIOCESE)
BY ADVS.JACOB P.ALEX,JOSEPH P.ALEX
MANU SANKAR P.,AMAL AMIR ALI
RESPONDENTS/PLAINTIFF & DEFENDANT NOS.1,4 & 5:
1 SUNDEEP ABRAHAM,AGED 49 YEARS
S/O. T.K. ABRAHAM,
THAMARAPPALLIL HOUSE, KALLISSERRY (P.O.),
CHENGANNUR,ALAPPUZHA DISTRICT- 689 124
2 MOR SEVERIOS KURIAKOSE,SAMUDAYA METROPOLITAN,
MOR APHREM SEMINARY, CHINGAVANAM (P.O.),
NATTAKOM VILLAGE, KOTTAYAM DISTRICT-686 531
3 THE MALANKARA SURIYANI KNANAYA SAMUDAYAM,
REPRESENTED BY ITS LAY TRUSTEE JACOB THOMAS, S/O.
JACOB SAM, MATTAKKATTU HOUSE, AYTHALA (P.O.),
RANNI. PIN 689674
4 THE MALANKARA SURIYANI KNANAYA ASSOCIATION,
MOR EPHRAIM SEMINARY, CHINGAVANAM (P.O.),
KOTTAYAM. PIN 686 531,REPRESENTED BY ITS SECRETARY
OP(C) Nos.834 & 836 of 2022 3
(PRESENTLY- T.O. ABRAHAM, S/O. KURUVILLA,
THOTTATHIL, THURUTHICADU (P.O.),
KALLUPPARA VILLAGE, PIN - 689 583)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 26.05.2022
ALONG WITH OP(C) NO.834 OF 2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
OP(C) Nos.834 & 836 of 2022 4
VIJU ABRAHAM, J.
.................................................................
O.P.(C) Nos.834 & 836 of 2022
.................................................................
Dated this the 26th day of May, 2022
JUDGMENT
Since the issues involved in both the original petitions are similar, they are heard and disposed of together. O.P.(C) No.834 of 2022
2. Petitioners herein are defendants 2 and 3 in Civil Miscellaneous Application No.7 of 2022 before the Vacation Court, Kottayam. The 1st respondent herein is the plaintiff in the said proceedings and the 2nd respondent is the 1st defendant therein. The above suit has been instituted by the 1 st respondent/plaintiff essentially seeking a decree of injunction restraining defendants 2 & 3 from implementing the Kalpanas issued by the petitioners, vis-a-vis the transfer and posting of vicars of the parishes in the regions under them. The suit was filed as Civil Miscellaneous Application No.7 of 2022 before the Vacation Court, Kottayam and I am told that the said suit is now re- numbered as O.S.No.232 of 2022 on the file of the Munsiff's Court, Kottayam. Along with the suit Ext.P2 application seeking interim injunction was filed as I.A.No.2 of 2022 and also Ext.P2(a) application seeking an OP(C) Nos.834 & 836 of 2022 5 interim mandatory injunction was filed as I.A.No.5 of 2022. It is the case of the petitioners herein that the transfer and posting impugned in the suit were issued in accordance with Ext.P3 Kalpana No.E1.82/19 dated 13.12.2019 issued by His Holiness, the Patriarch of Antioch and the prevailing Constitution of the Church. Their further contention is that the validity of Ext.P3 Kalpana was the subject matter of O.S.No.241 of 2020 on the file of the Additional Munsiff's Court, Kottayam. Based on Exts.P4(a), P4(b), and P4(c) orders produced along with this original petition it is contended that the courts up to the Honble Apex Court did not restrain the implementation of Ext.P3 Kalpana and therefore there is absolutely no merit in the contentions raised in the present suit. It is the further contention of the petitioners herein that Ext.P3 Kalpana is also subject matter of various other suits numbered as O.S.Nos.2 of 2020 and 586 of 2020 on the file of the Additional Munsiff's Court, Kottayam and O.S.No.546 of 2020 on the file of the Principal Munsiff's Court, Kottayam, and these suits are also representative suits and that the said proceedings are still pending. All these aspects were suppressed by the plaintiff while filing the present suit. In the said circumstances the petitioners herein filed Ext.P6 application on 11.05.2022 as I.A.No.6 of 2022 seeking a prayer to reject/dismiss the plaint and also Ext.P7 application as I.A.No.7 of 2022 seeking a prayer to stay the proceedings OP(C) Nos.834 & 836 of 2022 6 both in Civil Miscellaneous Application No.7 of 2022 before the Vacation Court,which is now re numbered as OS.No.232 of 2022 on the file of the Munsiff's Court, Kottayam.
O.P.(C) No.836 of 2022
3. The above original petition relates to the suit filed as Civil Miscellaneous Application No.6 of 2022 before the Vacation Court Kottayam, which I am told is now re-numbered as O.S.No.233 of 2022 on the file of the Munsiff's Court, Kottayam. The said suit is also one seeking a decree of injunction. Petitioners herein are defendants 2 and 3 in the said Civil Miscellaneous Appeal No.6 of 2022. The said suit has been instituted essentially seeking a relief of a decree of injunction restraining defendants 2 and 3 from implementing the Kalpanas issued by them vis-a-vis the transfer and posting of vicars of the parishes in the Regions under them. In the said suit also two applications are filed as Ext.P2 (I.A.No.2 of 2022) seeking an interim injunction and Ext.P2(a) (I.A.No.6 of 2022) seeking an interim mandatory injunction in respect of the transfer of priests. In this original petition also the petitioners have a contention that the transfer and posting have been done on the basis of Ext.P3 Kalpana, the validity of which has been concluded as per the orders evidenced by Exts.P4(a), P4(b) and P4(c) and that several other representative suits have been filed which are pending and the present OP(C) Nos.834 & 836 of 2022 7 suit has been filed suppressing all these material facts. In the said circumstances the petitioners herein filed Ext.P6 application on 11.05.2022 as I.A.No.7 of 2022 with a prayer to reject/dismiss the plaint and also filed Ext.P7 application as I.A.No.8 of 2022 with a prayer to stay the proceedings as provided under Section 10 of CPC,in Civil Miscellaneous Application No.6 of 2022 before the Vacation Court,which is now re numbered as OS.No.233of 2022 on the file of the Munsiff's Court, Kottayam.
4. In both these cases the specific grievance raised by the petitioners is that the court below is proceeding with the consideration of Exts.P2 and P2(a) petitions filed by the plaintiffs in both the suits without considering the petitions filed as Exts.P6 and P7 by the petitioners. It is contended that the petitioners will be seriously prejudiced if orders are passed on Exts.P2 and P2(a) filed in both the suits without considering Exts.P6 and P7 preferred by the petitioners.
5. When the matter was taken up for consideration today, it was submitted by both sides that they have no objection in Munsiff's Court, Kottayam taking up all the above-referred petitions together for consideration.I also feel that it is only in the interest of justice that all the interlocutory applications are considered together by the court below. In view of the same, without going into the merits of the matter, the above OP(C) Nos.834 & 836 of 2022 8 original petitions could be disposed of with a direction to the Munsiff's Court, Kottayam to take up and consider the applications filed by the petitioners along with the applications filed by the plaintiffs in the suit. Therefore, the above original petitions are disposed of as follows:
(i) Munsiff's Court, Kottayam shall take up and consider Ext.P2 application, I.A.No.2 of 2022 (application for interim injunction) and Ext.P2(a) application, I.A.No.5 of 2022 (application for interim mandatory injunction) along with Ext.P6 application, I.A.No.6 of 2022 (application filed by the petitioners under Order VII Rule 11 of CPC to reject/dismiss the plaint) and Ext.P7 application, I.A.No.7 of 2022 (application filed under Section 10 of CPC) filed in Civil Miscellaneous Application No.7 of 2022 before the Vacation Court, Kottayam, which is now re numbered as OS.No.232 of 2022 .
(ii) Munsiff's Court, Kottayam shall take up and consider Ext.P2 application, I.A.No.2 of 2022 (application for interim injunction) and Ext.P2(a)application, I.A.No.6 of 2022 (application for interim mandatory injunction) along with Ext.P6 application, I.A.No.7 of 2022 (application filed by the petitioners under Order VII Rule 11 of CPC to reject/dismiss the plaint) and Ext.P7 application,I.A.No.8 of 2022 (application filed under Section 10 of CPC) filed in Civil Miscellaneous Application No.6 of 2022 before the Vacation Court, Kottayam,which is now re numbered as OP(C) Nos.834 & 836 of 2022 9 OS.No.233 of 2022 .
(iii) Munsiff's Court, Kottayam shall consider and pass orders on the abovesaid applications as expeditiously as possible, at any rate within a period of one month from the date of receipt of a copy of this judgment.
Sd/-
VIJU ABRAHAM JUDGE cks OP(C) Nos.834 & 836 of 2022 10 APPENDIX OF OP(C) 834/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT IN CIVIL MISCELLANEOUS APPLICATION NO. 7 OF 2022 BEFORE THE VACATION COURT, KOTTAYAM (UNNUMBERED ORIGINAL SUIT TO BE FILED BEFORE THE MUNSIFF'S COURT, KOTTAYAM) Exhibit P2 TRUE COPY OF THE APPLICATION FOR INTERIM INJUNCTION FILED IN EXHIBIT P1 PROCEEDINGS AS IA NO. 2 OF 2022 Exhibit P2(a) TRUE COPY OF THE APPLICATION FOR INTERIM MANDATORY INJUNCTION FILED IN EXHIBIT P1 PROCEEDINGS AS IA NO. 5 OF 2022 Exhibit P3 TRUE COPY OF THE KALPANA NO. EI.82/19 DATED 13-12-2019 ISSUED BY HIS HOLINESS, THE PATRIARCH OF ANTIOCH Exhibit P4 TRUE COPY OF THE PLAINT IN OS NO. 241/2020 ON THE FILES OF THE ADDITIONAL MUNSIFF'S COURT, KOTTAYAM (ORIGINALLY FILED BEFORE THE MUNSIFF'S COURT, THIRUVALLA, AS OS NO. 554/2019) Exhibit P4(a) TRUE COPY OF THE JUDGMENT DATED 16.11.2020 IN CMA NO. 39/2020 BEFORE THE HON'BLE ADDITIONAL DISTRICT COURT-I, KOTTAYAM Exhibit P4(b) TRUE COPY OF THE JUDGMENT DATED 22.02.2022 IN OP (C) NO. 1796/2020 BEFORE THIS HON'BLE COURT Exhibit P4(c) TRUE COPY OF THE ORDER DATED 29.03.2022 IN SLP NO. 4449/2022 BEFORE THE HON'BLE SUPREME COURT Exhibit P5 TRUE COPY OF THE PLAINT IN OS NO. 2/2020 ON THE FILES OF THE ADDITIONAL MUNSIFF'S COURT, KOTTAYAM ExhibitP5(a) TRUE COPY OF THE PLAINT IN OS NO. 546/2020 ON THE FILES OF THE PRINCIPAL MUNSIFF'S COURT, KOTTAYAM OP(C) Nos.834 & 836 of 2022 11 Exhibit P5(b) TRUE COPY OF THE PLAINT IN OS NO. 586/2020 ON THE FILES OF THE ADDITIONAL MUNSIFF'S COURT, KOTTAYAM Exhibit P6 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONERS HEREIN AS IA 6 OF 2022 IN CIVIL MISCELLANEOUS APPLICATION NO. 7 OF 2022 BEFORE THE VACATION COURT, KOTTAYAM WITH A PRAYER TO REJECT/ DISMISS THE PLAINT Exhibit P7 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONERS HEREIN AS IA NO. 7 OF 2022 IN CIVIL MISCELLANEOUS APPLICATION NO. 7 OF 2022 BEFORE THE VACATION COURT, KOTTAYAM WITH A PRAYER TO STAY THE PROCEEDINGS AS PROVIDED IN SECTION 10 OF CPC OP(C) Nos.834 & 836 of 2022 12 APPENDIX OF OP(C) 836/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT IN CIVIL MISCELLANEOUS APPLICATION NO. 6 OF 2022 BEFORE THE VACATION COURT, KOTTAYAM (UNNUMBERED ORIGINAL SUIT TO BE FILED BEFORE THE MUNSIFF'S COURT, KOTTAYAM) Exhibit P2 TRUE COPY OF THE APPLICATION FOR INTERIM INJUNCTION FILED IN EXHIBIT P1 PROCEEDINGS AS IA NO. 2 OF 2022 Exhibit P2(a) . TRUE COPY OF THE APPLICATION FOR INTERIM MANDATORY INJUNCTION FILED IN EXHIBIT P1 PROCEEDINGS AS IA NO. 6 OF 2022 Exhibit P3 TRUE COPY OF THE KALPANA NO. EI.82/19 DATED 13-12-2019 ISSUED BY HIS HOLINESS, THE PATRIARCH OF ANTIOCH Exhibit P4 TRUE COPY OF THE PLAINT IN OS NO. 241/2020 ON THE FILES OF THE ADDITIONAL MUNSIFF'S COURT, KOTTAYAM (ORIGINALLY FILED BEFORE THE MUNSIFF'S COURT, THIRUVALLA, AS OS NO. 554/2019) Exhibit P4(a) TRUE COPY OF THE JUDGMENT DATED 16.11.2020 IN CMA NO. 39/2020 BEFORE THE HON'BLE ADDITIONAL DISTRICT COURT-I, KOTTAYAM Exhibit P4(b) TRUE COPY OF THE JUDGMENT DATED 22.02.2022 IN OP (C) NO. 1796/2020 BEFORE THIS HON'BLE COURT Exhibit P4(c) TRUE COPY OF THE ORDER DATED 29.03.2022 IN SLP NO. 4449/2022 BEFORE THE HON'BLE SUPREME COURT Exhibit P5 TRUE COPY OF THE PLAINT IN OS NO. 2/2020 ON THE FILES OF THE ADDITIONAL MUNSIFF'S COURT, KOTTAYAM Exhibit P5(a) TRUE COPY OF THE PLAINT IN OS NO. 546/2020 ON THE FILES OF THE PRINCIPAL MUNSIFF'S COURT, KOTTAYAM OP(C) Nos.834 & 836 of 2022 13 Exhibit P5(b) TRUE COPY OF THE PLAINT IN OS NO. 586/2020 ON THE FILES OF THE ADDITIONAL MUNSIFF'S COURT, KOTTAYAM Exhibit P6 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONERS HEREIN AS IA NO. 7 OF 2022 IN CIVIL MISCELLANEOUS APPLICATION NO. 6 OF 2022 BEFORE THE VACATION COURT, KOTTAYAM WITH A PRAYER TO REJECT/ DISMISS THE PLAINT Exhibit P7 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONERS HEREIN AS IA NO. 8 OF 2022 IN CIVIL MISCELLANEOUS APPLICATION NO. 6 OF 2022 BEFORE THE VACATION COURT, KOTTAYAM WITH A PRAYER TO STAY THE PROCEEDINGS AS PROVIDED IN SECTION 10 OF CPC