IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 19TH SEPTEMBER 2011 / 28TH BHADRA 1933 Tr.P(C).No. 270 of 2011() --------------------------------- OS.355/2011 of MUNSIFF COURT,MUVATTUPUZHA .................... PETITIONER/4TH DEFENDANT : -------------------------------------------- FR.JOY KADUKKAMMAKKAL, S/O.CHACKOCHAN, AGED 41 YEARS, VICAR, ST.JOHN'S ORTHODOX SYRIAN CHURCH, VADAKARA, KOOTHATTUKULAM-686662. BY ADV. SRI.BIJU ABRAHAM RESPONDENTS/PLAINTIFF & DEFENDANTS 1,2,3 & 5 TO 7 : ------------------------------------------------------------------------------------ 1. K.A.MATHAI, S/O.AVIRACHAN, AGED 62 YEARS, KOCHIVIRIPPIL HOUSE, KIZHAKOMBU.P.O, KOOTHATTUKULAM VILLAGE-686662. 2. ST.JOHN'S ORTHODOX SYRIAN CHURCH, VADAKARA, KOOTHATTUKULAM VILLAGE, REPRESENTED BY ITS TRUSTEE SUNNY JOHN,AGED 53 YEARS,S/O.JOHN, NIRAPPUMALIL, KOOTHATTUKULAM VILLAGE-686662. 3. K.I.KURIAKOSE, S/O.ITHACK, AGED 57 YEARS, TRUSTEE, ST.JOHN'S ORTHODOX SYRIAN CHURCH, VADAKARA, KOOTHATTUKULAM VILLAGE-686662. 4. KENNEDY JOHN, S/O.JOHN, AGED 47 YEARS, THATTARUPARAMBIL, SECRETARY, ST.JOHN'S ORTHODOX SYRIAN CHURCH, VADAKARA, KOOTHATTUKULAM VILLAGE, PIN-686662. 5. T.V.GEORGE, S/O.VARKEY, AGED NOT KNOWN, THEKKEPUTHANPURA HOUSE, OLIYAPPURAM.P.O, KOOTHATTUKULAM-686662. 6. K.A.CHERIAN,S/O.ABRAHAM, KAKKANATTUPARAMBIL HOUSE, KIOZHAKOMBU.P.O, KOOTHATTUKULAM-686662. 7. M.C.JOY, S/O.CHACKO, MUKALATH PUTHANPURAYIL, OLIYAPPURAM.P.O, KOOTHATTUKULAM, PIN-686662. ADV. SRI.SHAHUL HAMEED MOOPPAN FOR R1-4 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Tr.P(C).No. 270 of 2011() APPENDIX PETITIONER'S EXHIBITS: ANNEXURE A1 : A TRUE COPY OF THE PLAINT IN O.S.NO.355/2011 ON THE FILES OF MUNSIFF'S COURT, MUATTUPUZHA. ANNEXURE A2 : A TRUE COPY OF THE PLAINT IN O.S.NO.45/2008 ON THE FILES OF IST ADDITIONAL DISTRICT COURT, ERNAKULAM. RESPONDENTS EXHIBITS: NIL /TRUE COPY/ P.A.TO JUDGE. ln THOMAS P JOSEPH, J. ----------------------------------- Tr.P.(c)No. 270 of 2011 --------------------------------- Dated this the 19th day of September, 2011 ORDER All the respondents are served. Respondents 1 to 4 appear through counsel. 2. Petitioner seeks withdrawal and transfer of O.S. No.355 of 2011 from the court of learned Munsiff, Muvattupuzha to the Court of learned First Additional District Judge, Ernakulam (special Court for trial and disposal of Malankara Church cases). 3. The suit is for a decree for declaration and for permanent prohibitory injunction. Learned counsel for respondents 1 to 4 has submitted that respondents 1 to 4 have no objection to transfer the case to Court of learned First Additional District Judge, Ernakulam their concern being only that there is to be an early disposal of the application for injunction. 4. Since respondents 1 to 4 who alone appeared in this proceedings have stated that they have no 2 Tr.P.(C) No. 270 of 2011 objection for transfer of the case, I am inclined to allow this petition. This petition is allowed as follows: 1. O.S. 355 of 2011 pending in the Court of learned Munsiff, Muvattupuzha is withdrawn from that Court and transferred to the Court of learned First Additional District Judge, Ernakulam for trial and disposal. 2. The transferor Court while transmitting the records of the case to the transferee court shall give due intimation to the counsel on both sides as to the date of appearance in the transferee court. 3. It is open to the parties or any of them to request learned First Additional District Judge for early disposal of the pending applications. THOMAS P JOSEPH JUDGE dnc