T. Kuruvila Varkey vs Indian Pentecostal Church Of God
2023 Latest Caselaw 5883 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
            THE HONOURABLE MR. JUSTICE SATHISH NINAN
  WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
                        FAO NO. 42 OF 2023
AGAINST THE ORDER DATED 08-05-2023 IN IA NO.5 OF 2023 IN I.A
NO.16 OF 2023 IN UNNUMBERED OS NO..... OF 2023           OF ADDITIONAL
  DISTRICT COURT & SESSIONS COURT - III (VACATION COURT),
                         PATHANAMTHITTA.
APPELLANTS/RESPONDENTS/PLAINTIFFS :

    1       T. KURUVILA VARKEY, AGED 76, S/O T. K VARKEY,
            RESIDING AT THANAVELIL HOUSE, OLD SEMINARY ROAD,
            MUTTAMBALAM VILLAGE, KOTTAYAM TALUK,
            KOTTAYAM DISTRICT, PIN - 686 001.
    2       MUGESH UNNI .K, AGED 36,S/O UNNI, RESIDING AT
            KARACKATTIL HOUSE, POTHUPARA KARA, PEERMADU
            VILLAGE, PEERMADU TALUK., PIN - 685 531.
            BY ADVS.K.R.MONISHA, C.K.VIDYASAGAR,
                  & P.CHANDY JOSEPH


RESPONDENTS/PETITIONERS/DEFENDANTS NOS.1 AND 2 :

    1       INDIAN PENTECOSTAL CHURCH OF GOD
            REPRESENTED BY ITS PRESIDENT, CENTRAL
            ADMINISTRATIVE OFFICE AT HEBRON PURAM AT
            KUMBANAD, KOIPURAM VILLAGE, THIRUVALLA TALUK IN
            PATHANAMTHITTA DISTRICT, PIN - 689 547.
    2       PASTOR T . VALSON ABRAHAM, AGED 72,
            S/O ABRAHAM, RESIDING AT THEKKEPARAMBIL HOUSE,
            HEBRON, KUMBANADU P.O., KOIPURAM VILLAGE,
            THIRUVALLA TALUK, PIN - 689 547.
            BY ADVS.JACOB P. ALEX, JOSEPH P.ALEX,
            MANU SANKAR P. & AMAL AMIR ALI.


     THIS    FIRST   APPEAL   FROM   ORDERS   HAVING   COME   UP   FOR
ADMISSION ON 24.05.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
                          Sathish Ninan, J.
                  ==============================
                        FAO No.42 of 2023
                    ==========================
               Dated this the 24th day of May, 2023

                                 JUDGMENT

The issue involved is with regard to the conduct of

an election. The learned counsel for the petitioners

submits that, since this Court had declined to interfere

with the conduct of the election, the election has been

held. It is prayed that in the light of the above,

reserving the right of the petitioners to agitate their

contentions in the suit from which this FAO arose, the

FAO may be closed.

2. Leaving open all the contentions of the parties

and without expressing anything on the merits, the FAO

is closed in the light of the facts noticed above.

Needless to say that, the election held shall be subject

to the result of the suit. Since the matter relates to

the conduct of an election, the trial court shall

expedite the suit.

                                           Sd/-    Sathish Ninan, Judge
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