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Fr. Thomas Pulayath vs St.Thomas Orthodox Syrian Church ...
2023 Latest Caselaw 4890 Ker

Citation : 2023 Latest Caselaw 4890 Ker
Judgement Date : 13 April, 2023

Kerala High Court
Fr. Thomas Pulayath vs St.Thomas Orthodox Syrian Church ... on 13 April, 2023
                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                                     &
                 THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
         Thursday, the 13th day of April 2023 / 23rd Chaithra, 1945
                             WA NO. 378 OF 2023

    AGAINST JUDGMENT DATED 31/01/2023 IN WP(C) 11996/2022 OF THIS COURT

APPELLANTS/RESPONDENTS 12 TO 16:

  1. FR. THOMAS PULAYATH, AGED 50 YEARS,S/O.KURIAN,PULAYATH HOUSE,
     AYAMPARA, KUNDUKAD P.O, THRISSUR - 680028.

    AND 4 OTHERS.


BY SENIOR ADVOCATE SRI.K.RAMAKUMAR AND


ADVS.M/S. P.VIJAYARAGHAVAN ((PALAYIL),P.V.ELIAS,SREENATH VIJAYARAGHAVAN,


ASWINI SANKAR R.S., T.H.ARAVIND & S.M.PRASANTH

RESPONDENTS/PETITIONERS AND RESPONDENTS 1 TO 11, 17:

  1. ST.THOMAS ORTHODOX SYRIAN CHURCH, CHERUKUNNAM,(CHERUKUNNAM CHURCH),
     ELAVAMPADAM P.O ALATHUR, ALATHUR TALUK, PALAKKAD DISTRICT - 678 684.
     REPRESENTED BY ITS VICAR FR. POLY VARGHESE.

    AND 13 OTHERS.



BY SENIOR ADVOCATE SRI.S.SREEKUMAR FOR R1 & R2,


ADV.SRI.ALAN PAPALI FOR R2 AND SRI.ROSHAN D.ALEXANDER FOR R1


ADDITIONAL ADVOCATE GENERAL SRI.ASOK M.CHERIAN AND GOVERNMENT PLEADER
SRI.SHYAM PRASANTH FOR R3 TO R13

     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the judgment dated 31.01.2023 of the learned Single Judge in
W.P.(C) 11996 of 2022, pending disposal of the above writ appeal.

     This Writ Appeal again coming on for orders along with connected
cases on 13/04/2023 upon perusing the appeal memorandum and this court's
order dated 01/03/2023, the court on the same day passed the following:

                                                                      P.T.O.
                             1
W.A.No.409 of 2023 and conn.cases


      ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
 --------------------------------------------------------------
    Un numbered W.A.of 2023(F.No.453 of 2023) in
   W.P.(C) No.11685 of 2022, W.A.No.409 of 2023 in
   W.P.(C) No.11705 of 2022, W.A.No.437 of 2023 in
  W.P.(C) No.11685 of 2022 & W.A.No.378 of 2023 in
                 W.P.(C) No.11996 of 2022
  -------------------------------------------------------------
           Dated this the 13th day of April, 2023


                           ORDER

Anil K. Narendran, J.

W.A.No.409 of 2023 in W.P.(C) No.11705 of 2022, W.A.No.437 of 2023 in W.P.(C) No.11685 of 2022 & W.A.No.378 of 2023 in W.P.(C) No.11996 of 2022

Writ Appeal Nos.409 of 2023 and 437 of 2023 were heard

and reserved for judgment on 23.02.2023 and Writ Appeal

No.378 of 2023 were heard and reserved for judgment on

01.03.2023. All matters are listed today, in view of the filing of

an unnumbered Writ Appeal with leave petition on 08.03.2023,

against the judgment dated 03.02.2023 in W.P.(C) No.11685 of

2022, which is the subject matter of challenge in Writ Appeal

No.437 of 2023.

2. It is submitted by the learned counsel on both sides

that, in view of the pendency of unnumbered Writ Appeal

(F.No.453 of 2023) with leave petition, the order dated

23.02.2023 in Writ Appeal Nos. 409 of 2023 and 437 of 2023

and order dated 01.03.2023 in Writ Appeal No.378 of 2023

W.A.No.409 of 2023 and conn.cases

reserving the matters for judgment may be recalled and the

above appeals may be heard along with the Writ Appeal filed

with leave petition.

3. Based on the aforesaid submission made by the

learned counsel on both sides, the order dated 23.02.2023 in

Writ Appeal Nos. 409 of 2023 and 437 of 2023 and order dated

01.03.2023 in Writ Appeal No.378 of 2023 reserving those

appeals for judgment is recalled.

4. Registry to list the above writ appeals along with the

unnumbered Writ Appeal (F.No.453 of 2023) with leave

petition, on 05.06.2023.

5. The learned counsel on both sides would submit

that, during the pendency of the above Writ Appeals, the

learned Single Judge has passed an order whereby the time

limit granted in the respective judgments stands extended by

two months from 08.02.2023.

The said submission is recorded.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE

PV

13-04-2023 /True Copy/ Assistant Registrar

 
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