Kerala High Court
The Indian Pentecostal Church Of God vs Indian Pentecostal Church Of God Tabor on 7 November, 2024
O.P.(C).No.2401 of 2024 1
2024:KER:83233
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946
OP(C) NO. 2401 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OS NO.423 OF 2024
OF I ADDITIONAL MUNSIFF COURT, THIRUVANANTHAPURAM
PETITIONER/S:
1 THE INDIAN PENTECOSTAL CHURCH OF GOD
HEBRON,
KUMBANAD,PATHANAMTHITTA,KERALA,PIN.689547,REP BY
THE GENERAL PRESIDENT APPEARING THROUGH THE POWER
OF ATTORNEY HOLDER LT. COL. V.I LUKOSE, PIN -
695033
2 THE GENERAL COUNCIL OF THE INDIAN PENTECOSTAL
CHURCH OF GOD HEBRONPURAM
KUMBANAD, PATHANAMTHITTA DISTRICT, REPRESENTED BY
THE GENERAL SECRETARY, APPEARING THROUGH THE POWER
OF ATTORNEY HOLDER LT. COL. V.I LUKOSE., PIN -
689547
3 THE PRESIDENT
(GENERAL COUNCIL) THE INDIAN PENTECOSTAL CHURCH OF
GOD, HEBRONPURAM, KUMBANAD PATHANAMTHITTA
DISTRICT, APPEARING THROUGH THE POWER OF ATTORNEY
HOLDER LT. COL. V.I LUKOSE., PIN - 689547
BY ADVS.
S.K.ADHITHYAN
CHRISTY THOMAS
REUBEN CHARLY
SHAHINA NOUSHAD
SREELEKHA I. P.
K.S.SATHEESH KUMAR
RESPONDENT/S:
O.P.(C).No.2401 of 2024 2
2024:KER:83233
1 INDIAN PENTECOSTAL CHURCH OF GOD TABOR
PMG JUNCTION, THIRUVANANTHAPURAM- REPRESENTED BY
ITS SECRETARY BINU V. GEORGE, PIN - 695033
2 MATHAI P.G
AGED 78 YEARS
S/O. MATHAI KURIAN, VICE PRESIDENT, INDIAN
PENTECOSTAL CHURCH OF GOD TABOR, PMG JUNCTION,
THIRUVANANTHAPURAM, PIN - 695033
3 BINU V. GEORGE
AGED 54 YEARS
S/O. V. GEORGE, SECRETARY, INDIAN PENTECOSTAL
CHURCH OF GOD TABOR, PMG JUNCTION,
THIRUVANANTHAPURAM, PIN - 695033
4 G. YOHANNAN
AGED 59 YEARS
S/O. GEEVARGHESE, JOINT SECRETARY, INDIAN
PENTECOSTAL CHURCH OF GOD THIRUVANANTHAPURAM, PIN
- 695033
5 THE GENERAL SECRETARY
THE INDIAN PENTECOSTAL CHURCH OF GOD, HEBRONPURAM,
KUMBANAD PATHANAMTHITTA DISTRICT, PIN - 689547
6 THE STATE COUNCIL OF THE INDIAN PENTECOSTAL CHURCH
OF GOD
HEBRONPURAM, KUMBANAD, PATHANAMTHITTA DISTRICT,
PIN - 689547
7 THE PRESIDENT
STATE COUNCIL, THE INDIAN PENTECOSTAL CHURCH OF
GOD, HEBRONPURAM, KUMBANAD, PATHANAMTHITTA
DISTRICT, PIN - 689547
8 THE SECRETARY
STATE COUNCIL OF THE INDIAN PENTECOSTAL CHURCH OF
GOD, HEBRONPURAM, KUMBANAD, PATHANAMTHITTA
DISTRICT, PIN - 689547
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
07.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C).No.2401 of 2024 3
2024:KER:83233
VIJU ABRAHAM, J.
--------------------
O.P.(C).No.2401 of 2024
--------------------------------
Dated this the 7th day of November, 2024
JUDGMENT
The petitioners have approached this Court
seeking expeditious disposal of Ext.P5 application
filed as I.A.No.9 of 2024 in OS No.423 of 2024
pending before the III Additional Munsiff's Court,
Thiruvananthapuram.
2. Advocate T.R.Venkitesh, the learned counsel
appearing for respondents 1 to 4 submits that Shri
V.I.Lukose has no authority to represent defendants
1 to 3, who are the petitioners herein.
3. The learned counsel for the petitioners
submits that he is filing this original petition on
the strength of a power of attorney granted by
defendants 1 to 3.
4. A report was called for from the trial court
concerned regarding the present status of IA No.9
of 2024 wherein it is reported that the case is now
posted for objection and hearing in IA No.9 of 2024
to 12.11.2024. The court has also stated that
2024:KER:83233
there are other older matters pending consideration
before the court.
Taking into consideration the above facts and
circumstances, I am inclined to dispose of the
original petition with a direction to the III
Additional Munsiff's Court, Thiruvananthapuram to
dispose of IA No.9 of 2024 in OS No.423 of 2024
without any delay, at any rate, within an outer
limit of two months from the date of receipt of a
copy of this judgment. It is made clear that
respondents 1 to 3 are free to raise all
contentions including the objection regarding the
incompetency of the power of attorney holder to
represent defendants 1 to 3.
sd/-
VIJU ABRAHAM,JUDGE
pm
2024:KER:83233
APPENDIX OF OP(C) 2401/2024
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE MEMORANDUM OF
ASSOCIATION AND CONSTITUTION OF THE
INDIAN PENTECOSTAL CHURCH OF GOD
Exhibit P2 TRUE COPY OF THE PLAINT IN O.S. NO. 423
OF 2024 OF THE HON'BLE MUNSIFF COURT,
THIRUVANANTHAPURAM
Exhibit P3 TRUE COPY OF I.A. NO. 1/2024 IN O.S. NO.
423/2024 OF THE HON'BLE MUNSIFF COURT,
THIRUVANATHAPURAM
Exhibit P4 TRUE COPY OF THE COUNTER AFFIDAVIT FILED
BY THE PETITIONERS IN I.A. NO. 1/2024 IN
O.S. NO. 423/2024 OF THE HON'BLE MUNSIFF
COURT, THIRUVANATHAPURAM
Exhibit P5 TRUE COPY OF THE I.A. NO. 9 OF 2024 IN
O.S. NO. 423/2024 OF THE HON'BLE MUNSIFF
COURT, THIRUVANATHAPURAM
