IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 WP(C).No. 24111 of 2008(U) -------------------------- CMA.59/2008 of DISTRICT COURT, PATHANAMTHITTA OS.290/2008 of MUNSIFF COURT, RANNI (IA.668/2008) .................... PETITIONER: ------------ EVANGELICAL FELLOWSHIP MISSIONS OF INDIA, CHAMBUR, OTTASEKHARAMANGALAM.P.O, THIRUVANANTHAPURAM, REP. BY ITS PRESIDENT REV. GEORGE EAPEN, AGED 37, S/O. P.E.EAPEN, KADIYAMKUNNIL HOUSE, AYROOR NORTH.P.O, AYROOR VILLAGE, RANNY TALUK. BY ADV. SRI.V.PHILIP MATHEW RESPONDENTS: ------------- 1. ST. THOMAS EVANGILICAL CHURCH OF INDIA, MANJADI.P.O, THIRUVALLA, REPRESENTED BY ITS REVE. JOY MATHEW, S/O.LATE MATHEW, AGED 59, VELIMKODIYATTU HOUSE, AYROOR SOUTH.P.O, AYROOR VILLAGE, RANNY TALUK. 2. M.J. MATHEW, S/O. LATE JOSEPH, AGED ABOUT 69, MUNDANAKUZHIYIL BOB JOSEPH VILLA, PUTHUSSERY.P.O, THIRUVALLA. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.24111 of 2008 ------------------------------- Dated this the 25th August, 2008. J U D G M E N T Petitioner is the first defendant in O.S.No.290 of 2008, on the file of Munsiff Court, Ranny. This petition is filed under Article 227 of the Constitution of India to quash Ext.P13 order passed by learned Munsiff in I.A.No.1018 of 2008, an application filed by the plaintiffs for clarification of Ext.P9 order passed in I.A.No.668 of 2008, an application under Rule 1 of Order XXXIX of Code of Civil Procedure. As against Ext.P9 order, petitioner has filed C.M.A.No.85 of 2008 before District Court, Pathanamthitta. It is not proper for this Court to consider legality of Ext.P13 order separately, when Ext.P9 order is challenged before the District Court in C.M.A.No.85 of 2008 as Ext.P13 is only a clarificatory order of Ext.P9 order. In such circumstances, this writ petition is disposed permitting the petitioner to challenge Ext.P13 order also along with Ext.P9 order in C.M.A.No.85 of 2008. Petitioner is also W.P.(C) No.24111 of 2008 2 permitted to amend the appeal memorandum, if necessary, so as to enable him challenge Ext.P13 order. Learned District Judge to dispose C.M.A.No.85 of 2008, as expeditiously as possible. M.SASIDHARAN NAMBIAR, JUDGE nj.