Kerala High Court
Pastor.M.A.Philip vs The Executive Committee Of ... on 1 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942
OP(C).No.536 OF 2021
AGAINST THE ORDER/JUDGMENT IN CMA 8/2020 OF SUB COURT AT PUNALUR,
KOLLAM.
AGAINST THE ORDER/JUDGMENT IN OS 213/2020 OF MUNSIFF COURT,
PUNALUR
PETITIONERS/APPELLANTS/PLAINTIFFS:
1 PASTOR.M.A.PHILIP,
AGED 48 YEARS
S/O. LATE M.C.ALEXANDER , ASSEMBLY OF GOD CHURCH,
P.B. NO. 17, MARKET ROAD, KOTHAMANGALAM P.O,
KOTHAMANGALAM VILLAGE, KOTHAMANGALAM TALUK,
ERANAKULAM DISTRICT.
2 PASTOR.ABRAHAM V. BABU,
AGED 65 YEARS
S/O. LATE. ABRAHAM V.O, VALIYAPARAMBIL HOUSE,KULANADA
P.O, KULANADA VILLAGE, KOZHENCHERRY TALUK,
PATHANAMTHITTA DISTRICT.
BY ADVS.
SRI.V.SETHUNATH
SRI.JOHNY K.GEORGE
RESPONDENT/RESPONDENT/DEFENDANT:
THE EXECUTIVE COMMITTEE OF MALAYALAM DISTRICT COUNSEL
OF
THE SOUTH INDIA ASSEMBLIES OF GOD CHURCH, REPRESENTED
BY IT'S SECRETARY T.V. PAULOSE, AGED ABOUT 58 YEARS,
P.B. NO. 53, PUNALUR-691 305, PATHANAPURAM TALUK,
KOLLAM DISTRICT.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 01.03.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No.536 OF 2021
2
JUDGMENT
The petitioners in this original petition are the plaintiffs in
O.S.No.213/2020.
2. Having regard to the nature of relief sought for in this
proceeding, I do not think it necessary to order notice to the
respondent/defendant.
3. I heard the learned counsel appearing for the petitioner.
4. It is submitted that Ext.P4 order dismissing petition for
temporary injunction was passed by the court below and being
aggrieved by the order, the petitioners preferred Ext.P5 CMA
No.8/2020 before the Sub Court, Punalur. The appeal is still
pending before the court below. In Ext.P5 CMA, the
petitioners filed Ext.P6 I.A.No.1/2020, requesting for issue of
an order of interim injunction restraining the respondents from
executing or initiating any disciplinary proceedings against the
petitioners or doing any act causing damage to his reputation
etc. The grievance expressed by the learned counsel
appearing for the petitioners is that I.A.No.1/2020 is not taken
up for consideration and appropriate orders are not being
passed.
5. This original petition is filed seeking a direction to be issued
OP(C).No.536 OF 2021
to the court below to take up Exts.P5 CMA and P6 IA for
consideration and for an expeditious disposal.
6. After hearing the submissions made on behalf of the learned
counsel appearing for the petitioners, I am of the opinion that
it is only fair that a direction is given to the court below
either to take up Ext.P5 CMA or Ext.P6 I.A. as the case may
be and dispose of the same in accordance with law.
7. In the result, this original petition is allowed, directing the
court below either to choose to proceed with Ext.P5 CMA or
to take up Ext.P6 IA and decide it in accordance with law. It
is further directed that appropriate orders shall be passed in
the matter within a period of two weeks from the date of
receipt of a certified copy of the judgment.
Sd/-
T.V.ANILKUMAR, JUDGE
AMV/01/03/2021
OP(C).No.536 OF 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PLAINT IN
O.S.NO.213/2020 OF THE HON'BLE
MUNSIFF'S COURT AT PUNALUR.
EXHIBIT P2 TRUE COPY OF THE I.A.NO. 1/2020 IN
O.S. NO. 213/2020 ON THE FILE
MUNSIFF'S COURT, PUNALUR.
EXHIBIT P3 THE TRUE COPY OF THE OBJECTION FILED
BY THE RESPONDENT/DEFENDANT IN I.A NO.
1/2020 IN O.S.NO. 213/2020 ON THE FILE
MUNSIFF'S COURT, PUNALUR.
EXHIBIT P4 TRUE COPY OF THE ORDER IN I.A.NO.
1/2020 IN O.S.NO. 213/2020 ON THE FILE
OF MUNSIFF COURT, PUNALUR.
EXHIBIT P5 TRUE COPY OF THE C.M.A. NO. 8/2020 ON
THE FILE OF SUB COURT, PUNALUR.
EXHIBIT P6 TRUE COPY OF THE I.A NO. 1/2020 IN
C.M.A. NO. 8/2020 ON THE FILE OF SUB
COURT, PUNALUR.
EXHIBIT P7 THE TRUE COPY OF THE PRINTOUT OF THE
WHATS APP NOTICE ISSUED BY THE
RESPONDENT TO SOME MEMBERS.
RESPONDENTS EXHIBITS : NIL
TRUE COPY P.A.TO JUDGE
