IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 OP(C).No. 4023 of 2011(O) ------------------------- OS.212/2011 of MUNSIFF COURT,CHENGANNUR .................... PETITIONER/2ND DEFENDANT IN THE SUIT. --------------------------------------------------------- THE MALANKARA SYRIAN KNANAYA SAMUDAYA ARCH DIOCESE REPRESENTED BY ITS ARCH BISHIP MOR SEVERIOS KURIAKOSE, MOR APHREM SEMINARY, CHINGAVANAM POST, KOTTAYAM DISTRICT. BY ADV. SRI.M.J.THOMAS RESPONDENT(S): PLAINTIFFS,DEFENDANTS NO.1, DEFENDANTS 3 TO 7 ADDL.DEFENDANTS 8 & 9 IN THE SUIT: ------------------------------------------------------------ 1. ABRAHAM THOMAS, AGED 41 YEARS, S/O. THOMAS, THOMAS MELAYIL HOUSE, WEST OTHERA P.O THYMARAVUMKARA, KUTTOOR VILLAGE, THIRUVALLA TALUK-689 101. 2. T.O.KURIAN, AGED 76 YEARS, S/O. ABRAHAM, THUNDIYIL HOUSE,WEST OTHERA P.O, THYMARAVUMKARA, KUTTOOR VILLAGE, THIRUVALLA TALUK-689 101. 3. MALANKARA SYRIAN KNANAYA SAMUDAYAM REPRESENTED BY ITS ARCH BISHOP MOR SEVERIOUS KURIAKOSE, MOR APHREM SEMINARY, CHINGAVANAM.P.O., KOTTAYAM DISTRICT-686 105. 4. MOR GREGORIOUS KURIAKOSE, METRO;POLITIAN OF KALLISSERY DIVISION OF THE KNANAYA ARCH DIOCESE, BETHNAHRIN BISHOP HOUSE, VALLAMKULAM EAST P.O., PATHANAMTHITTA DISTRICT, KERALA-689 541. 5. MOR IVANIOS, METROPOLITIAN OF RANNY DIVISION AND OUTSIDE KERALA OF ANANAYA ARCH DIOCESE, MOUNT GERIZIM, BISHOP HOUSE, PULLOOPRAM.P.O., VARAVOOR, PATHANAMTHITTA DISTRICT KERALA-689 674. OP(C)NO4023/2011 2 6. MOR SALVANOSE AYUB, METROPOLITAN OF KNANAYA CHURCHES IN AMERICA, CAANADA AND EUROPE DIVISION, MOR APHREM SEMINARY, CHINGAVANAM P.O., KOTTAYAM DISTRICT, KERALA-686 105. 7. MALANKARA SYRIAN KNANAYA ASSOCIATION REPRESENTED BY ITS PRESIDENT, REV.FR.K.O.JOSEPH, KULATHARAMANNIL, MOR APHREM SEMINARY, CHINGAVANAM P.O., KOTTAYAM DISTRICT-686 105. 8. MALANKARA SYRIAN KNANAYA SAMUDAYAM REPRESENTED BY ITS TRUSTEE, MOR APHREM SEMINARY, CHINGAVANAM P.O., KOTTAYAM DISTRICT-686 105. 9. VINOY SKARIA, MERRYLAND, CHANNANIKKAD POST, PANACHIKKAD VILLAGE, KOTTAYAM DISTRICT-686 102. 10. T.M. MATHEW, S/O. MATHEW, AGED 72 YEARS, THEVARUMURIYIL HOUSE, ERAVIPEROOR VILLAGE AND POST, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C)NO.4023/2011 APPENDIX EXT.P1 TRUE COPY OF KALPANA NO.69/11 DATED 1.7.11 ISSUED BY PETITIONER AND ANNOUNCED IN ALL PARISH CHURCHES OF THE SAMUDAYAM. EXT.P2 TRUE COPY OF THE O.S.NO.212/2011 FILED BY RESPONDENTS 1 AND 2 BEFORE THE MUNSIFF'S COURT, CHENGANNUR. EXT.P3 TRUE COPY OF THE INJUNCTION APPLICATION FILED BY RESPONDENTS 1 AND 2 AS I.A.NO.1038/2011 IN O.S.NO.212/2011 OF THE MUNSIFF'S COURT, CHENGANNUR. EXT.P4 TRUE COPY OF THE ORDER DATED 23.8.11 IN I.A.NO.1038/2011 IN O.S.NO.212/2011 OF THE MUNSIFF'S COURT, CHENGANNUR. EXT.P5 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 11.10.11 FILED BY THE PETITIONER HEREIN BEFORE THE MUNSIFF'S COURT, CHENGANNUR IN ANSWER TO EXT.P3 INJUNCTION APPLICATION. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.4023 of 2011 -------------------------------------- Dated this the 9th day of December, 2011. JUDGMENT The 2nd defendant in O.S.No.212 of 2011 of the court of learned Munsiff, Chengannur seeks a direction for early disposal of Ext.P3, application for temporary injunction where, I am told that learned Munsiff has issued an exparte order of injunction against petitioner restraining it from nominating any member into the association or permitting any nominating member to participate in the meeting of the association without concurrence of the Metropolitan Council. Learned counsel submits that though interim order was granted till 27.08.2011 it was being extended thereafter and remains in force even now. It is also submitted by the learned counsel that on account of the interim order remaining in force petitioner is being put to much hardships. 2. It is not clear what all further steps are required to be taken in the matter before Ext.P3, application is disposed of. At the same time, learned Munsiff must also bear in mind the legislative mandate to dispose of an application for temporary injunction within the prescribed period under the Code of Civil Procedure. In the circumstances, petitioner is permitted to request learned Munsiff to dispose of Ext.P3, application as early as possible and if any OP(C) No.4023/2011 2 such request is made learned Munsiff shall consider the same and pass appropriate orders on Ext.P3, application after completing all preliminary steps and if there is no other legal impediment in doing so, as early as possible. Original Petition is disposed of. THOMAS P.JOSEPH, Judge. cks