IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 24TH SEPTEMBER 2010 / 2ND ASWINA 1932 TR.P(C).NO. 335 OF 2009() -------------------------------------- OS.110/2002 OF SUB COURT, PATHANAMTHITTA .................... PETITIONER: ------------------- THOMAS FRANCIS, S/O.FRANCIS, AGED 52 YEARS, KANDANALLOOR KIZHAKKETHIL, ANANDAPALLY P.O., ADOOR, PATHANAMTHITTA DISTRICT. BY ADV. SRI.K.J.KURIACHAN RESPONDENT(S): ------------------------- 1. MAR IGNATHIOUS JACOBITE SYRIAN CHURCH, VADAKKADATHUKAVU, ADOOR. 2. REV. FR. K.KURIAN, S/O.LATE P.M.KOCHUMMAN, AGED 45 YEARS, PANUVELIL HOUSE, PUTHUSSERIBHAGAM MURI, ERATHU VILLAGE, ADOOR. 3. K.C.THOMAS, S/O.K.C.CHACKO, AGED 61 YEARS, KATTOOR THEKKETHIL, KANNAMKODE MURI, ADOOR TALUK. 4. H.G.THOMAS MAR DIONYSIOUS (NOW H.B.BASELIOUS THOMAS-I), CHRISTIAN BISHOP, AGED 84 YEARS, RESIDING AT IGNATHIOUS SEMINARY, KOTHAMANGALAM. ADV. SRI.S.SREEKUMAR FOR R2 & 3 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2010 ALONG WITH TR.P(C) NO.336 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Tr.P(C) No.335 of 2009 and Tr.P(C) No.336 of 2009 ==================================== Dated this the 24th day of September, 2010 O R D E R These petitions are for transfer of O.S.Nos.110 and 114 of 2002, respectively from the court of learned Sub Judge, Pathanamthitta to the court of learned Additional District Judge-I, Ernakulam. Cases, commonly called as church cases relate to the same church, it is not disputed before me though parties are not exactly the same. It is pointed out that concerning the very same church a suit – O.S. No.48 of 2003 was pending in the court of learned Sub Judge, Pathanamthitta and that suit has already been transferred to the court of learned Additional District Judge-I, Ernakulam. All these cases concerned the same church. In O.S. Nos.110 and 114 of 2010 relief prayed is injunction while in O.S. No.48 of 2003 which is already transferred to the court of learned Additional District Judge-I, Ernakulam prayer is for declaration and injunction. Since the matter concerns very same church I am inclined to allow the request for transfer. Resultantly, these petitions are allowed in the following lines: Tr.P(C) Nos.335 & 336 of 2009 -: 2 :- (i) O.S.Nos.110 and 114 of 2002 pending in the court of learned Sub Judge, Pathanamthitta are withdrawn from that court and made over to the court of learned Additional District Judge-I, Ernakulam. (ii) The transferor court while transmitting records of the cases to the transferee court shall fix date for appearance of parties in the transferee court with due intimation to the counsel for both parties. THOMAS P. JOSEPH, JUDGE. vsv