IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 Tr.P(C).No. 111 of 2009 ------------------------- OS.943/2002 of SUB COURT, THRISSUR .................... PETITIONER/PLAINTIFF: -------------------------- YUHANON MAR MILETIOUS METROPOLITAN AGED 54 YEARS, S/O.MARKOSE MURIMAKIL, METROPOLITAN, THRISSUR DIOCESE, RESIDING AT BISHOP HOUSE, “GEDSEEMON”, MANNUTHY, THRISSUR REP HIS POWER OF ATTORNEY HOLDER, REV.FR.MATHEW JACOB S/O.YACOOB,AGED 48 YEARS,PUTHUSSERIL HOUSE NEMMARA POST, PALAKKAD DISTRICT. BY ADV. MR.BIJU ABRAHAM RESPONDENTS: ---------------- 1. THOMAS MAR DIONYSIUS,AGED 81, S/O.MATHEW WHO NOW CALL HIMSELF, BASELIOS THOMAS I MOUNT ARANAMA CHAPEL, KOTHAMANGALAM, ERNAKULAM DT 2. MATHEWS MAR EVANIOS, AGED 58 SIMHASANA CHURCH PERMPILLY MULANTHURUTHY ERNAKULAM DT. 3. FR.MATHEW ABRAHAM, AGED 48 YEARS AZHAMTHARA HOUSE, KONGAD, PALAKKAD DT. 4. MR.MATHAI, AGED 58 YEARS, S/O.KURIAKOSE NAREKKATTE HOUSE, CHUVANNAMANNU DESOM, PANANCHERY VILLAGE, PO CHUVANNAMANNU THRISSUR TALUK THRISSUR DT. 5. MR. ELIAS, AGED 64 YEASR,S/O. CHACKO PARANAYIL HOUSE, COMPANY PADI, PANANCHERY VILLAGE P.O.KANNARA, THRISSUR DT. (CNTD...2) Tr.P(C).No. 111 of 2009 ::2:: 6. P.M.KUNJUMON, AGED 64, S/O.MATHU PULIKOTTIL HOUSE, PERUMANNUR DESOM, CHALISSERY VILLAGE, PALAKKAD DT. 7. N.O.MATHAI, AGED 70 YEARS,S/O.OUSEPH NEDUMPARATH HOUSE, PANNIYANKARA PO KANNAMPRA VILLAGE, PALAKKAD DT. 8. K.P.MATHAI, AGED 66 YEARS, S/O.PAILY KOSSERIL HOUSE, KARUMATHRA DESOM, KARUMATHARA, PO THALAPALLY TALUK THRISSUR DT. ADV. MR.SAJAN VARGHEESE K. FOR R5 TO 7 MR.LIJU. M.P FOR R5 TO 7 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------------- Tr.P.C.No.111 of 2009 --------------------------------- Dated this the 15th day of September, 2009 O R D E R Petition for transfer is filed under Section 24 of CPC. Petitioner is the plaintiff in O.S.No.943 of 2002 on the file of the Sub Court, Thrissur. Petitioner seeks transfer of the above case to the I Additional District Court, Ernakulam, which is a special court constituted for trial of the Malankara church cases. 2. Notice being given respondents 5, 6 and 7 has entered appearance. I heard the learned counsel on both sides. 3. A special court has been constituted to try all church cases involving disputes of Malankara Churches and the present case also involve such a dispute and so much so, it has to be transferred to the I Additional District Court, Ernakulam, is the submission of the learned counsel for the petitioner. I do not find any merit in the submission. No party to the suit can insist his case is liable to be transferred to the District Court, for the reason that a special court has been constituted to try suits involving identical disputes. By orders of the Government a special court was constituted earlier to try the case involving disputes of the Malankara Church pursuant to the direction of the Tr.P.C.No.111 of 2009 2 Apex Court for an early disposal of such suits. Such orders have been issued as early as in 1977. Pursuant thereto the special court which was temporarily granted by the Government is continuing by the order of extension by the Government from time to time. Subsequently, some suits involving disputes of Malankara Church have been transferred to that special court by orders issued by this Court in transfer petitions moved under Section 24 of CPC. In the present petition, I find from the report received from the Registry, the transfer petition was moved at a time when the case was listed for trial. I find no reason to transfer the present case to the I Additional District Court, Ernakulam. The court in which the present suit has been instituted is equally competent to try and dispose of the suit and it appears that it will be more convenient for the parties to try the suit in the court in which it is pending. Transfer petition, therefore dismissed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-