Elizabath Varghese vs Church Of South India
2022 Latest Caselaw 12083 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
                THE HONOURABLE MR.JUSTICE C.S.DIAS
    THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
                      OP(C) NO. 2530 OF 2022
              OS 880/2022 OF MUNSIFF COURT , KOLLAM
PETITIONER/PETITIONER/PLAINTIFF:

          ELIZABATH VARGHESE
          AGED 65 YEARS
          W/O VARGHESE ,KAATUVILA HOUSE,ALAMKODU
          VILLAGE ,MANALOOR,PERUMKULAM P O,
          THIRUVANATHAPURAM, PIN - 695013

          BY ADVS.
          SHYNI DAS J.S.
          APPU AJITH



RESPONDENTS/RESPONDENT/DEFENDANTS:

    1     CHURCH OF SOUTH INDIA ,REPRESENTED BY ITS BISHOP OOMAN
          GEORGE KOLLAM KOTTARAKARA DIOCESE, DIOCEASAN
          OFFICE ,CHINNAKKADA KOLLAM, PIN - 691001

    2     RT. REV.OOMAN GEORGE
          CHURCH OF SOUTH INDIA ,KOLLAM KOTTARAKARA
          DIOCESE,DIOCEASAN OFFICE ,CHINNAKKADA KOLLAM PO ,
          PIN - 691001

    3     DANIYAL
          AGED 59 YEARS
          S/O CHAKKO ESSAIYA ,SECRETARY ,CHURCH OF SOUTH
          INDIA ,KOLLAM KOTTARAKARA DIOCESE,DIOCEASAN OFFICE
          CHINNAKKADA KOLLAM, PIN - 691001


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 22.12.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 2530 OF 2022                2




            Dated this the 22nd day of December, 2022

                             JUDGMENT

The original petition is filed to direct the Court of

Munsiff, Kollam, to consider and dispose of I.A

No.4/2022 (Ext.P5) in O.S. No.880/2022 within a time

frame.

2. The petitioner's case is that, she has filed the

above suit for a decree of injunction as against the

respondents. Along with the suit, the petitioner has filed

Ext.P5 application for an order of temporary injunction.

The court below has not passed any orders on the said

application. Hence, the original petition.

3. When the original petition came up for

consideration on 20.12.2022, this Court had called for a

report from the court below to ascertain the reasonable

time period required to consider and dispose of Ext.P5

application.

4. The learned Munsiff, by communication dated

21.12.2022, has informed this Court that Ext.P5

application can be considered and disposed of on or

before 31.01.2023.

5. Heard; Smt. Shyni Das J.S., the learned the

counsel appearing for the petitioner. In view of the

limited relief that I propose to pass, I dispense with

notice to the respondents.

In the light of the pleadings and materials on record

and taking note of the fact that Ext.P5 application was

filed on 13.12.2022 and the same is pending

consideration, in exercise of the supervisory powers of

this Court under Article 227 of the Constitution of India, I

direct the Court of the Munsiff, Kollam, to consider and

dispose of I.A. No.4/2022, after affording the

respondents an opportunity to file their counter

statements, in accordance with law, as expeditiously as

possible, at any rate, within a period of one month from

the date the respondents enter appearance before the

court below.

The original petition is ordered accordingly.

Sd/-

C.S.DIAS, JUDGE

rmm22/12/2022

APPENDIX OF OP(C) 2530/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE CONSTITUTION DATED NIL

Exhibit P2 A TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT DATED 17/11/2022

Exhibit P3 A TRUE COPY OF THE CIRCULAR ISSUED BY THE SYNOD SECRETARY DATED 14/09/2022

Exhibit P4 A TRUE COPY OF THE OS 880/2022 BEFORE THE HON'BLE MUNSIFF COURT KOLLAM DATED 21/11/2022

Exhibit P5 A TRUE COPY OF THE IA 4/2022 IN OS 880/2022 BEFORE THE HON'BLE MUNSIFF COURT KOLLAM