Kerala High Court
Mor Gregorios Kuriakose vs Sundeep Abraham on 26 May, 2022
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
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
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
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
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
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
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
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
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
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
