IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 WP(C).No. 29137 of 2008(R) -------------------------- CMA.122/2008 of ADDL.DISTRICT COURT, THRISSUR OS.431/2008 of MUNSIFF COURT,CHAVAKKAD .................... PETITIONER(S): CYRIL MAR BASELIOSE, METROPOLITIAN, S/O KUTHOOR CHUMMAR, AGED 52, PRESIDENT, MALABAR INDEPENDENT SYRIAN CHURCH, THOZHIYOOR DESOM, CHAVAKKAD, PIN 680 510. BY ADV. SRI.S.SREEKUMAR SRI.P.PRIJITH SRI.S.VAIDYANATHAN RESPONDENT(S): 1. M.C. MATHEWKUTTY, AGED 62, S/O CHACKO ,MEKKATTUKULAM HOUSE, CHALISSERY POST, OTTAPALAM TALUM, PALAKKAD DIST. 2. P.K. KUNJUKUNJHAN, AGED 82 YEARS, S/O KURIYAN, PULIKKOTTIL HOUSE, KALLUMPURAM, KADAVALLUR POST, THALAPPILLY TALUK,THRISUR DISTRICT. 3. C.K. WILSON, AGED 48, S/O KURIYAPPAN, CHITTILAPPILLY HOUSE, NEPANS ROAD, KUNNAMKULAM POST, THALAPPILLY TALUK. 4. P.M. CHARLY, AGED 39, S/O MOSAS, PANAKKAL HOUSE, CHALISSERY POST, OTTAPALAM TALUK, PALAKKAD POST. 2 5. REV. FR. K.A. JOB, AGED 41, S/O ABRAHAM, KUZHUPPULLY HOUSE, CHALISSERY ROAD,THALAPPILY TALUK, THRISSUR DISTRICT. 6. E.T. CHERU, AGED 55, S/O THATHU, PANAKKAD HOUSE, WEST BAZAR, KUNNAMKULAM, THALAPPILLY TALUK, THRISSUR DIST. 7. C.K. APPAPPU,AGED 65 YEARS, S/O KURIAN, CHERUVATHUR HOUSE, FIRE STATION ROAD, KUNNAMKULAM, THALAPPILLY TALUK, THRISSUR DIST. 8. C.K. PAVU, AGED 62, S/O KUNJAN, CHITTILAPPILLY HOUSE, PORKULAM,KUNNAMKULAM, THALAPPILLY TALUK, THRISSUR DISTRI. 9. M.C. THAMPI, AGED 53, S/O CHUMMAR, MEKKATTUKULAM HOUSE, KORATTIKKARA POST, THALAPPILLY TALUK, THRISSUR DIST. 10. M.C. CHUMMAR, AGED 67, S/O CHERU, MEKKATTUKULAM HOUSE, PERINGOUD POST, OTTAPPALAM TALUK, PALAKKAD DIST. 11. P.C.BABY, AGED 60 YEARS, S/O CHAKKUNNY, PULAKKAL HOUSE, PERINGOUD POST, OTTAPALAM TALUK, PALAKKAD DIST. 12. P.T. KUTTAPPAN, AGED 87, S/O THANJU, PULIKKOTTIL HOUSE, KALLUMPURAM KADAVALLUR POST, THALAPPILLY TLUK, THRISSUR DIST. 13. M.U. KOCHU KUNJU, AGED 57, S/O UKRU, MEKKATTUKULAM HOUSE, KALLUMPURAM, KADAVALLUR POST, THALAPPILLY TALUK, THRISSUR DIST. 14. C.V. THARUKUTTY, AGED 69, S/O VAREEKUTTY, CHEERAN HOUSE, CHALISSERY POST, OTTAPPALAM TALUK, PALAKKAD DIST. 3 15. REV.FR. BABU VARGHESE, AGED 69 YEARS, S/O VARGHESE, PULIKKOTTIL HOUSE, PAZHANJI, THALAPPILLY TALUK, THRISSUR DIST. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2008,, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = W.P.(c).No.29137 of 2008 = = = = = = = = = = = = = = Dated this the 30 th day of September, 2008 JUDGMENT This writ petition has been filed by the defendant in O.S.No.431 of 2008 on the file of the Munsiff's Court, Chavakkad. The said suit was instituted by the respondents 1 to 15 herein. The said suit is to declare all the decisions taken on 1.06.08 by the Sabha Council meeting of the Malabar independent Syrian Sabha at Kurilos Bava Church at Ernakulam as null and void and to restrain the defendant and his men from taking any action or decisions including appointments to the various establishments under the Malabar Independent Syrian Sabha on the basis of the decisions taken in the meeting held on 01.06.2008 . Along with the plaint the respondents herein filed I.A.No.1611 of 2008 seeking a temporary injunction restraining the defendant and his men from taking action or decision including appointments to the various establishments under the Malabar Independent Syrian Sabha on the basis of the decisions taken in the meeting of the Sabha council held on 1.6.08. W.P.(c).No.29137 of 2008 2 2. The trial court granted an injunction as prayed for and the same was made absolute after hearing the petitioner/defendant. Aggrieved by the order of the trial court, the petitioner filed C.M.A.No.122 of 2008 before the District Court, Thrissur. Along with the above C.M.A the petitioner filed I.A.No.2797 of 2008 for stay of operation of the trial court's order. Eventhough as per Ext.P9 order dated 21.08.08 the lower appellate court had initially granted an interim stay, as per Ext.P10 order dated 15.9.08, the lower appellate court vacated the interim stay and dismissed I.A.No. 2797 of 2008. Hence this writ petition. In the fitness of things it would have been proper for the lower appellate court to dispose of CMA No.122/07 instead of hearing detailed arguments in I.A.No.2797 of 2008 since the arguments in both CMA and I.A were bound to be the same. Hence, the only direction which is to be issued is to direct the lower appellate court namely Additional District Court, Thrissur to dispose of C.M.A..No.122 of 2008 after hearing both sides. It is needless to mention that the lower appellate court shall not be influenced by the observations and findings in the impugned W.P.(c).No.29137 of 2008 3 orders and shall dispose of the appeal by relying on the pleadings of the parties and the materials produced before the court. If in case the lower appellate court is of the view that there is a scramble for possession between the contesting parties it shall be open to that court to appoint a receiver so that the church and its properties and the interests of the parishioners are not endangered. It will be open to that court to consider whether the metropolitan or any other party should be appointed as the receiver. The lower appellate court shall make an earnest endeavour to dispose of the CMA expeditiously. Dated this the 30 th day of September, 2008. V. RAMKUMAR, JUDGE sj