IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 WP(C).No. 12435 of 2008(E) -------------------------- AGAINST THE ORDER IN IA 4130/2007 IN OS.10/2003 of I ADDL.DISTRICT COURT, ERNAKULAM .................... PETITIONERS: ------------ 1. ST.MARY'S ORTHODOX (JACOBITE) CHURCH, VARIKKOLI, VARIKKOLI.P.O., PUTHENCRUZ, REPRESENTED BY IT TRUSTEE, PIN:-682308. 2. C.A.VARGHESE, AGED 66 YEARS,S/O.ABRAHAM, CHEMMOTH HOUSE, CHEMMANADU, B.K.PURAM.P.O., CHEMMANAD DESOM, KUNNATHUNADU TALUK, PIN:682308. BY ADV. SRI.K.J.KURIACHAN RESPONDENTS: ------------- 1. MATHAI VARGHESE, S/O.VARGHESE, AGED 61 YEARS, MUTHIRAKALAYIL HOUSE, MATTAKUZHI, VARIKOLI. P.O.,THIRUVANIYOOR VILLAGE, PIN:682308. 2. T.M.POULOSE, S/O.MATHAI, AGED 59 YEARS, THELAKKAT HOUSE, VARIKOLI.P.O., PUTHENCRUZ VILLAGE PIN:682308. 3. C.E.GEEVARGHESE, S/O.ELIAS, AGED 46 YRS, CHEENAKKATTIL HOUSE, MATUKUZHI, VARIKOLI.P.O., THIRUVANIYOOR VILLAGE, PIN:682308. 4. M.C.PAULSON, S/O.THOMAS, AGED 54 YEARS, MALAL HOUSE, MATTAKUZHI, VARIKOLI.P.O., THIRUVANIYOOR VILLAGE, PIN:682308. 5. T.T.POULOSE, S/O.THOMAS, AGED 54 YEARS, THONNAMATTATHIL HOUSE. MATTAKUZHI, VARIKOLI.P.O., THIRUVANIYOOR VILLAGE, PIN:682308. 6. T.V.THOMAS, S/O.VARKEY, AGED 50 YEARS, THEKKINETH HOUSE, MATTAKUZHI, VARIKOLI.P.O., THIRUVANIYOOR VILLAGE, PIN:682308. 7. O.V.VARGHESE, S/O.VARGHESE, AGED 69 YRS, OTHIMAPARAMBIL HOUSE, PANCODE.P.O., IKKARANADU NORTH VILLAGE. 8. M.K.POULOSE, S/O.KURIAKOSE, AGHED 51 YRS MUNDAKKAL HOUSE, MATTAKKUZHI, VARIKOLI.P.O., THIRUVANIYOOR VILLAGE, PIN:682308. 9. BABY JOSEPH, S/O.JOSEPH, AGED 51 YEARS, PALAKKATTIL HOUSE, MATTAKKUZHI, VARIKOLI.P.O., THIRUVANIYOOR VILLAGE, PIN:682308. 10. C.C.PHILIP, S/O.CHERIAN, AGED 51 YEARS, CHAKKYATTIL HOUSE, VARIKOLI.P.O., PUTHENCRUZ VILLAGE, PIN:682308. 11. REV.FR.MATHAI VADAKKINETH, VADAKKINETH HOUSE, EZHAKKARANAD SOUTH.P.O., MANEED VILLAGE. 12. BIJOY VARGHESE (BINOY VARGHESE) AGED 37 YEARS, S/O.VARGHESE IKKARAYIL HOUSE, MATTAKKUZHI, VARIKKOLI.P.O., PIN:682308. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 12435 OF 2008 --------------------- Dated this the 10th day of April, 2008 JUDGMENT This writ petition is preferred against the order of the District Judge, Ernakulam, in IA 4130/07 in OS 10/03. It was an application for amendment. The suit is one for a declaration that the first defendant Church is governed by the provisions of 1934 constitution. The court below found that the amendments sought for is to incorporate the consequential relief of injunction. The court also found that it will not, in any way, change the character of the suit. So, as found by the court below, everything depends upon the declaratory relief. If a declaratory relief is granted then, as a corollary, the party will be entitled to have a consequential relief of injunction, which will not change the character of the suit. The courts are duty bound to avoid multiplicity of suits and therefore the court has exercised its jurisdiction judiciously and that it does not call for any interference. The writ petition is accordingly dismissed. M.N.KRISHNAN, JUDGE vps