IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr.Appeal(C).No. 15 of 2007()
1. FR.K.T.JAMES, AGED 62,
... Petitioner
2. FR.KOSHY EZHARAPPARA, AGED 45,
3. JACOB KURIAN, AGED 55, S/O.KURIAN,
Vs
1. FR.K.M.ZACHARIAH, AGED 45,
... Respondent
2. P.K.THOMAS, AGED 60, RESIDING AT
3. P.K.MARKOSE, AGED 70, RESIDING AT
For Petitioner :SRI.P.J.PHILIP
For Respondent :SRI.S.SREEKUMAR
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :15/01/2009
O R D E R
KURIAN JOSEPH & P.R.RAMACHANDRA MENON, JJ.
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T.A.C. No.15 of 2007
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Dated 15th January, 2009.
J U D G M E N T
Kurian Joseph, J.
Appellants are the petitioners in T.R.(P) No.160/2007.
They approached this court praying for a direction to transfer
O.S.No.520/2006 pending before the Munsiff Court, Kottayam, to
the First Additional District Court, Ernakulam.
2. The application is opposed by the respondents.
However, having regard to the nature of the reliefs claimed in the
suit, we are of the view that it is only appropriate that the case is
also heard by the First Additional District Court, Ernakulam known
as ‘Church Court’, though it is a contradiction in terms.
Accordingly, we set aside the judgment under appeal and allow
Tr.P.(C) No.160/07. O.S.520/2006 on the file of the Principal
Munsiff Court, Kottayam shall be transferred to the First
Additional District Court, Ernakulam. The First Additional District
Court will try to streamline the work so that all the pending
TAC NO.15/07 2
‘Church cases’ can be disposed of at the earliest.
The Transfer Appeal is allowed as above.
KURIAN JOSEPH, JUDGE.
P.R.RAMACHANDRA MENON, JUDGE.
tgs
KURIAN JOSEPH &
P.R.RAMACHANDRA MENON, JJ
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T.A.C. No.15 of 2007
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J U D G M E N T
Dated 15th January, 2009.