IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 20TH AUGUST 2008 / 29TH SRAVANA 1930 Tr.P(C).No. 125 of 2008() ------------------------- OS.15/2006 of MUNSIFF COURT, KOLENCHERY .................... PETITIONER: 1ST DEFENDANT: ------------------------------------------------- ST.JOHN'S ORTHODOX SYRIAN CHURCH, VADAKARA, OLIYAPURAM P.O., REPRESENTED BY ITS VICAR, FR.P.C.JOY KADUKKAMMAKKAL, S/O.CHACKOCHAN, KADUKUMAKKAL HOUSE, KIZHAKOMBU, KOOTHATTUKULAM, MUVATTUPUZHA. BY ADV. SRI.BIJU ABRAHAM RESPONDENTS: PLAINTIFFS & DEFENDANTS 2 TO 8: ------------------------------------------------------------------------------- 1. SABU.K.JACOB, S/O.JACOB, AGED 43 YEARS, KARIKKAPUZHAYIL HOUSE, KIZHAKOMBU KARA, KOOTHATTUKULAM VILLAGE, MUVATTUPUZHA TALUK. 2. T.A.GEORGE, S/O.KUNJAVARACHAN, AGED 67 YEARS, THATTAMPARAYIL HOUSE, OLIYAPURAM KARA, KOOTHATTUKULAM VILLAGE, MUVATTUPUZHA. 3. FR.PAUL THOMAS, S/O.FR.K.J.THOMAS, AGED ABOUT 32 YEARS, CHERUKUNNEL HOUSE, KARIMPANA, PALAKUZHA, MUVATTUPUZHA. 4. K.I.KURIAKOSE, S/O.ITHAK, AGED ABOUT 58 YEARS, KALAKKATTUMADATHIL, KIZHAKOMBU, PALAKUZHA, MUVATTUPUZHA. 5. SUNNY JOHN, S/O.ULAHANNAN, AGED 52 YEARS, NIRAPPUMYALIL HOUSE, KOOTHATTUKULAM KARA, KOOTHATTUKULAM VILLAGE, MUVATTUPUZHA. Kss ..2/- ...2..... Tr.P(C)No.125/2008 6. N.K.MATHAI, S/O.KURIAN, AGED 65 YEARS, KARIKKAPUZHAYIL HOUSE, PAITTAKULAMKARA, OLIYAPURAM, KOOTHATTUKULAM VILLAGE, MUVATTUPUZHA. 7. K.A.MATHAI, S/O.AVIRACHAN, AGED ABOUT 58 YEARS, KOCHUVIRIPPIL HOUSE, KIZHAKOMBU KARA, KOOTHATTUKULAM VILLAGE, MUVATTUPUZHA. 8. BIJU BABY, AGED 28 YEARS, KALAKUTHIYIL, KIZHAKOMBU, KOOTHATTUKULAM. 9. MANU JOSEPH, AGED 28 YEARS, KUTTIKATTIL, KIZHAKOMBU, KOOTHATTUKULAM. ADV. SRI.SHAHUL HAMEED MOOPPAN FOR R4 & 5 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M. SASIDHARAN NAMBIAR, J. ------------------------------------------ Tr.P.(C) NO. 125 OF 2008 ------------------------------------------ Dated this the 20th day of August, 2008 JUDGMENT This petition is filed to transfer O.S.15 of 2006 on the file of Munsiff Court, Kolenchery to Additional District Court, Ernakulam. The case of the petitioner is that being a church case and first Additional District Court is designated as special Court for trial and disposal of Malankara Church Cases, the case is to be transferred to that Court. Petition is opposed by the respondents 4 and 5. A counter affidavit is filed contending that evidence has already been recorded and when the suit is about to be dismissed the transfer petition is filed. 2. Learned counsel appearing for petitioner and respondents were heard. 3. Tr.P(C).134 of 2007 was early filed for the very same relief. Annexure A1 judgment dated 23.7.2007 shows that the transfer petition was dismissed in view of the memo filed by the plaintiff before the trial court abandoning the suit. Ext.A1 shows that liberty was granted to the petitioner to approach this court TrP(C).125/08 2 with a prayer for transfer again, in case the memo filed by the plaintiff’s counsel for abandoning suit was not found in favour by the trial court. It is thereafter another memo was filed withdrawing that earlier memo and learned Munsiff allowed the second memo and proceeded with the suit. The argument of the learned counsel appearing for respondents 4 and 5 is that as the evidence was recorded partly, learned Munsiff is to dispose the suit and there is no necessity to order transfer. 4. It is not disputed that it relates to the dispute of Malankara Church Case. First Additional District Court is designated as special court for trial of Malankara Church Cases. The petition is allowed. O.S.15 of 2006 is transferred to Additional District Court, Ernakulam. It is made clear that evidences recorded by learned Munsiff is to be treated as evidence in the suit and those witnesses need not be further examined. M. SASIDHARAN NAMBIAR, JUDGE Okb/-