High Court Kerala High Court

Fr.K.T.James vs Fr.K.M.Zachariah on 15 January, 2009

Kerala High Court
Fr.K.T.James vs Fr.K.M.Zachariah on 15 January, 2009
       

  

  

 
 
  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
               ----------------------------------------------
                   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.