Kerala High Court
Mor Gregorios Kuriakose vs Abraham Joseph on 4 June, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
OP(C) NO. 1185 OF 2024
IN OS NO.206 OF 2024 OF PRINCIPAL MUNSIFF COURT , KOTTAYAM
PETITIONERS/PROPOSED ADDITIONAL DEFENDANTS 5 & 6:
1 MOR GREGORIOS KURIAKOSE
AGED 70 YEARS
S/O. LATE THOMAS, [REGIONAL METROPOLITAN,
KALLISSERY REGION OF MALANKARA SURIYANI KNANAYA
ARCH DIOCESE], BETHNEHERIN BISHOP'S HOUSE,
VALLAMKULAM, THIRUVALLA, PIN - 689541
2 MOR IVANIOS KURIAKOSE
AGED 59 YEARS
S/O. LATE K.G. ABRAHAM, [REGIONAL METROPOLITAN,
RANNI REGION OF MALANKARA SURIYANI KNANAYA ARCH
DIOCESE], URAHA BISHOP'S HOUSE, NEAR ST. THOMAS
VALIYAPALLI, ANGADI (P.O.), RANNI, PIN - 689674
BY ADVS.
JACOB P.ALEX
MANU SANKAR P.
AMAL AMIR ALI
RESPONDENTS/PLAINTIFFS & DEFENDANTS:
1 ABRAHAM JOSEPH
AGED 80 YEARS
S/O. E.I., ABRAHAM EZHUMAYIL, RESIDING AT
EZHUMAYIL HOUSE, CHANNANIKKADU KARA, PANACHIKKADU
VILLAGE, CHANNANIKKADU PO, KOTTAYAM TALUK,
KOTTAYAM DISTRICT, PIN - 686533
2 LINSO ALIAS
AGED 46 YEARS
S/O. FR. ELIAS SCARIA, RESIDING AT ELAVANKALAM
HOUSE, KUMARAMKERRY PO, VALADY, NEELAMPEROOR
VILLAGE, KUTTANAD TALUK, ALAPPUZHA DISTRICT, PIN
- 686105
OP(C) NO. 1185 OF 2024
- : 2 :-
3 THE PATRIARCH OF ANTIOCH AND ALL THE EAST
SYRIAN ORTHODOX PATRIARCHATE OF ANTIOCH AND ALL
THE EAST, BAB TOUMA, PO BOX 22260, DAMASCUS,
SYRIA., PIN - 22260
4 KURIAKOSE, MOR SEVERIOS
AGED 63 YEARS
S/O. LATE ABRAHAM, METROPOLITAN, MALANKARA
SURIYANI KNANAYA SAMUDAYAM, MAR EPHRAIM SEMINARY,
CHINGAVANAM (P.O.), NATTAKOM VILLAGE, KOTTAYAM
DISTRICT, PIN - 686531
5 THE MALANKARA SURIYANI KNANAYA SAMUDAYAM
REPRESENTED BY ITS LAY TRUSTEE, HAVING HIS OFFICE
AT MAR EPHRAIM SEMINARY, CHINGAVANAM (P.O.),
NATTAKOM VILLAGE, KOTTAYAM DISTRICT, PIN - 686531
6 THE MALANKARA SURIYANI KNANAYA ASSOCIATION
REPRESENTED BY ITS SECRETARY, HAVING HIS OFFICE
AT MAR EPHRAIM SEMINARY, CHINGAVANAM (P.O.),
NATTAKOM VILLAGE, KOTTAYAM DISTRICT, PIN - 686531
SRI.JOSEPH KODAITHARA. SC
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
04.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) NO. 1185 OF 2024
- : 3 :-
JUDGMENT
The petitioners filed an application as I.A.No.5 of 2024
under Order 1 Rule 10(2) of Code of Civil Procedure (for short,
the 'CPC') to implead themselves as additional defendants 5 and
6 in O.S.No.206 of 2024 pending before the Additional Munsiff
Court, Kottayam (for short, 'the trial court').
2. The application has been filed on 17.05.2024.
According to the petitioners, on the next day, the learned Munsiff
passed Ext.P6 order detrimental to their interest. It is alleged
that they are necessary parties in the proceedings and Ext.P6
injunction order adversely affects them. The limited prayer in
this original petition is to give a direction to the learned Munsiff
to finally dispose of I.A.No.5 of 2024 as well as injunction
application (I.A.No.2 of 2024).
Having heard the learned Senior Counsel, Sri.Joseph
Kodianthara instructed by Sri.Jacob P. Alex, the learned counsel
for the petitioners, this original petition is disposed of as
OP(C) NO. 1185 OF 2024
- : 4 :-
follows:-
The Munsiff Court, Kottayam is directed to dispose of
I.A.No.5 of 2024 within 10 days from the date of receipt of a
copy of this judgment. In the event, the learned Munsiff
allows I.A.No.5 of 2024, the learned Munsiff is directed to
dispose of I.A.No.2 of 2024, after giving an opportunity of
hearing to all the parties including the petitioners without
much delay.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE
AS
OP(C) NO. 1185 OF 2024
- : 5 :-
APPENDIX OF OP(C) 1185/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PLAINT IN OS NO.
206/2024 BEFORE THE COURT OF THE
MUNSIFF, KOTTAYAM
Exhibit P2 TRUE COPY OF THE APPLICATION FOR INTERIM
INJUNCTION FILED BY THE 1ST & 2ND
RESPONDENTS HEREIN (PLAINTIFFS) AS IA
NO. 2 OF 2024 IN OS NO. 206/2024 BEFORE
THE COURT OF THE MUNSIFF', KOTTAYAM
Exhibit P3 TRUE COPY OF THE IMPLEADING PETITION -
BEFORE THE COURT OF THE ADDITIONAL
MUNSIFF, KOTTAYAM
Exhibit P3(a) TRUE COPY OF THE OBJECTION FILED BY
Exhibit P4 TRUE COPY OF THE KALPANA NO. EL 30/24
DATED 17.05.2024 ISSUED BY HIS HOLINESS
THE PATRIARCH OF ANTIOCH AND ALL THE
EAST
Exhibit P5 TRUE COPY OF THE KALPANA NO. EL 31/24
DATED 18.05.2024 ISSUED BY HIS HOLINESS
THE PATRIARCH OF ANTIOCH AND ALL THE
EAST
Exhibit P5(a) TRUE COPY OF THE KALPANA NO. 15/24 DATED
18.05.2024 ISSUED BY THE 1ST PETITIONER
AFTER ASSUMING CHARGE
Exhibit P6 TRUE COPY OF THE ORDER DATED 18.05.2024
Exhibit P7 TRUE COPY OF THE JUDGMENT DATED
21.05.2024 IN OPC NO. 1025 OF 2024
BEFORE THIS HON'BLE COURT
