Kerala High Court
James Jacob vs Kuriakose Mar Servious on 16 July, 2021
OP(C).429/21 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 16TH DAY OF JULY 2021 / 25TH ASHADHA, 1943
OP(C) NO. 429 OF 2021
AGAINST THE ORDER/JUDGMENT IN OS 95/2020 OF PRINCIPAL MUNSIFF
COURT , KOTTAYAM, KOTTAYAM
PETITIONER/S:
JAMES JACOB
AGED 59 YEARS
S/O.V.A.JACOB,RESIDING AT VILANGAPARA
HOUSE,VAKATHANAMKARA,VAKATHANAM VILLAGE,KOTTAYAM
DISTRICT.
BY ADVS.
K.N.RADHAKRISHNAN(THIRUVALLA)
SRI.G.SREEKUMAR (CHELUR)
RESPONDENT/S:
1 KURIAKOSE MAR SERVIOUS
SAMUDAYA METROPOLITAN OF KNANAYA ARCH DIOCESE,MAR APREM
SEMINARY,
CHINGAVANAM.P.O,KOTTAYAM-686531.
2 KURIAKOSE MAR GREGORIOUS,
KALLISSERY REGION,BETH MAHRIN,
VALLAMKULAN.P.O, THIRUVALLA-689674.
3 KURIAKOSE MAR IVANIOUS,
REGIONAL METROPOLITAN,RANNY REGION,
URAHA BISHOP HOUSE,ANGADY.P.O,RANNY,
PATHANAMTHITTA DISTRICT,PIN-689674.
4 AYOOB MAR SILVANOSE METROPOLITIAN REGIONAL
METROPOLITHAN,AMECICA,
CANADA AND EUROPE REGION,SILAVANOSE CENTRE,S.PURAM.P.O,
KURICHY,KOTTAYAM,
PIN-686531.
5 SAMUDAYA TRUSTEE,
OP(C).429/21 2
MALAKARA SURIYANI KNANAYA ASSOCIATION,
AT MAR APREM SEMINARY,CHINGAVANAM.P.O,
KOTTAYAM,REPRESENTED BY ITS TRUSTEE SCRIAH
THOMAS,KALATHIL HOUSE,ERAYILKADAVU(PO),KOTTAYAM,
PIN-686531.
6 KNANAYA ASSOCIATION,
REPRESENTED BY SAMUDAYAM SECRETARY,
MALANKARA SURIYANI KNANAYA SAMUDAYAM,MOR APREM
SEMINARY,CHINGAVANAM.P.O, KOTTAYAM,
PIN-689597.
7 FR.A.T.ABRAHAM,
PRESIDENT OF KNANAYA ASSOCIATION,MORAPREM
SEMINARY,CHINGAVANAM.P.O, KOTTAYAM,
PIN-686531.
BY ADV SRI.K.R.ARUN KRISHNAN
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 16.07.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).429/21 3
V.G.ARUN, J.
-----------------------------------------------
O.P(C).No. 429 of 2021
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Dated this the 16th day of July, 2021
JUDGMENT
The petitioner is the plaintiff in O.S.No.95 of 2020 on the files of the
Principal Munsiff's Court, Kottayam. The challenge in this original petition is
against Exhibit P6 order by which the trial court has posted the petitioner's
injunction application along with the suit, with an observation that the prayer
in the interlocutory application will be considered after deciding the case on
merits. Learned counsel for the petitioner submits that the order has the
effect of putting the horse behind the cart.
2. I find merit in the submission. When parties to the suit insist for an
order on their injunction application, the court is bound to take a decision
thereon. In any event, there is no justification for postponing the hearing till
the suit is decided on merits. Such procedure amounts to abdication of the
power conferred under Order XXXIX C.P.C.
In the result, Exhibit P6 order is set aside. The learned Munsiff shall
consider I.A. No. 1 of 2020 in OS No.95 of 2020 afresh and pass orders
thereon within one month of receipt of a copy of this judgment.
Sd/-
V.G.ARUN, JUDGE
vgs
APPENDIX OF OP(C) 429/2021
PETITIONER EXHIBITS
EXHIBIT P1 THE COPY OF PLAINT IN OS.NO.95/2020 OF THE
PRINCIPLE MIUNSIFFS COURT,KOTTAYAM DATED
01.02.2020
EXHIBIT P2 THE COPY OF IA NO.1/2020 IN O.S.NO.95/2020
OF THE PRINCIPLE MUNSIFFS COURT,KOTTAYAM
DATED 01.02.2020
EXHIBIT P3 THE COPY OF COUNTER AFFIDAVIT FILED BY THE
FIRST RESOPNDENT IN EXHIBIT P2,DATED
17.11.2011
EXHIBIT P4 THE COPY OF COMMISSION REPORT DATED
04.02.2019 IN O.S.NO.56/2020 MUNSIFFS COURT-
II,KOTTAYAM
EXHIBIT P5 THE COPY OF B-DAIRY OF O.S.NO.95/2020 OF
PRINCIPLE MUNSIFFS COURT KOTTAYAM
EXHIBIT P6 THE COPY OF ORDER IN IA 1/2020 IN
O.S.NO.95/2020 DATED 15.01.2021 OF PRINCIPLE
MUNSIFFS COURT,KOTTAYAM.
