IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 OP(C).No. 3905 of 2011(O) ------------------------- AGAINST THE ORDER IN IA.1868/11 IN OS.156/2011 of II ADDL.MUNSIFF'S COURT,ERNAKULAM .................... PETITIONERS: ------------------------ 1. C.K.JOSEPH,AGED 61 YEARS, S/O.KOCHUVARKEY,CHERUTHURUTHY HOUSE, ESI ROAD, PALLURUTHY,KOCHI-6,RAMESWARAM VILLAGE, KOCHI TALUK. 2. JOJI VITHAYATHIL,S/O.LATE V.C.JOSEPH, VITHAYATHIL HOUSE, MARKET ROAD,KOCH-18, ERNAKULAM VILLAGE, KANAYANNOOR TALUK. BY ADVS. SRI.ABRAHAM P.GEORGE, SMT.M.SANTHY. RESPONDENT(S): --------------------------- 1. ALL KEARLA CATHOLIC CONGRESS(AKCC) REGISTERED OFFICE AT KANJIKUZHY, KOTTAYAM-4, REPRESENTED BY ITS SECRETARY, OFFICE AT ALL KERALA CATHOLIC CONGRESS, KANJIKUZHY, KOTTAYAM-4. 2. ALL KERALA CATHOLIC CONGRESS,ERNAKULAM- ANGAMALI DIOCESE COUNCIL ,OFFICE AT RENEWAL CENTRE, AZAD ROAD,KALOOR,KOCHI-17,REPRESENTED BY ITS PRESIDENT, ALL KERALA CATHOLIC CONGRESS,ERNAKULAM-ANGAMALY DIOCESE COUNCIL,OFFICE AT RENEWAL CENTRE, AZAD ROAD, KALOOR,KOCHI-17. Kss ..2/- ..2... OPC.NO.3905/2011 O 3. SRI.K.C.GEORGE KALARICKAL, CHAIRMAN, ELECTION BOARD,ALL KERALA CATHOLKIC CONGRESS(AKCC) REGISTERED OFFICE AT KANJIKUZHY,KOTTAYAM-4. 4. FR.JOSE THACHIL,ECCLESIASTICAL ADVISOR, ALL KERALA CATHOLIC CONGRESS,ERNAKULAM-ANGAMALY DIOCESE COUNCIL, OFFICE AT RENEWAL CENTRE,AZAD ROAD,KALOOR,KOCHI-17. 5. FR.JACOB PALACKAPILIL, ECCLESIASTICAL ADVISOR,ALL KERALA CATHOLIC CONGRESS,ERNAKULAM-ANGAMALY DIOCESE COUNCIL, OFFICE AT RENEWAL CENTRE,AZADROAD,KALOOR,KOCHI-17. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss OPC.NO.3905/2011 O APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE PHOTOCOPY OF THE PLAINT IN OS NO.156/2011 IN THE FILE OF THE PRL.MUNSIFF'S COURT, ERNAKULAM. EXHIBIT P2 THE TRUE PHOTOCOPY OF THE IA NO.1677/2011 IN OS NO.156/2011 IN THE FILE OF THE PRL.MUNSIFF'S COURT, ERNAKULAM. EXHIBIT P3 THE TRUE PHOTOCOPY OF THE IA NO.1868/2011 IN OS NO.156/2011 IN THE FILE OF THE PRL.MUNSIFF'S COURT, ERNAKULAM, RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss THOMAS P.JOSEPH, J. ==================================== O.P(C) No.3905 of 2011 ==================================== Dated this the 30th day of November, 2011 J U D G M E N T Petitioners are plaintiffs in O.S. No.156 of 2011 of the court of learned Second Additional Munsiff, Ernakulam. That is a suit for a direction to conduct election in the Ernakulam-Ankamaly Diocese of first respondent. First respondent contended that election has already been conducted. Petitioners filed Ext.P2, application to direct the first respondent to produce details of the election. But such details were not furnished. Learned Munsiff passed order of injunction restraining formation of the Central Council without election in the Ernakulam-Ankamaly Diocese. Petitioners filed Ext. P3, application to appoint an Advocate Commissioner to conduct the election. Since that application was not disposed of, petitioners filed an application to advance hearing of Ext.P3, application. Grievance of petitioners is that the said application is posted along with the suit on 07.01.2012. 2. If an early hearing and disposal of Ext.P3, application is warranted by circumstances it is open to the petitioners to request learned Munsiff to advance hearing of Ext.P3, application and if O.P(C) No.3905 of 2011 -: 2 :- any such request is made, learned Munsiff shall consider the same and pass appropriate orders. Original Petition is disposed of with the above observation. THOMAS P. JOSEPH, JUDGE. vsv