St.Mary’S Orthodox Church vs Rev.Fr.Philip Varghese on 29 September, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP.No. 435 of 2004()


1. ST.MARY'S ORTHODOX CHURCH,
                      ...  Petitioner
2. K.S.VARGHESE, S/O.SEEMAN, AGED 56,
3. ENJITH KUMAR.T. S/O.ISSAC,
4. FR.ISSAC MATTAMMEL S/O.MATHAI,

                        Vs



1. REV.FR.PHILIP VARGHESE, S/O.VARGHESE,
                       ...       Respondent

2. REV.FR.SLEEBA VATTAVELLIL,

                For Petitioner  :SRI.S.SREEKUMAR

                For Respondent  :SRI.M.CHATHUKUTTY NAMBIAR

The Hon'ble MR. Justice S.S.SATHEESACHANDRAN

 Dated :29/09/2009

 O R D E R
              S.S.SATHEESACHANDRAN, J.
                  -------------------------------
                   R.P.NO.435 OF 2004
                               IN
                C.R.P.NO.2648 OF 2002 ()
                -----------------------------------
      Dated this the 29th day of September, 2009

                          O R D E R

The review petition is filed to modify or review the order

passed by this Court in C.R.P.No.2648 of 2002. The above

revision was filed by the defendants in O.S.No.19 of 2002 on

the file of the Sub Court, Muvattupuzha. Suit was one for

perpetual prohibitory injunction and the respondents in the

revision were the plaintiffs. Suit arose on the disputes

between the two factions of Malankara Church setting forth

rival claims over the Church and its properties. Plaintiffs in

the suit, alongwith the suit moved an application for interim

injunction to restrain the defendants from interfering with the

Church and its affairs involved in that case. That application

was dismissed by the trial court. In appeal, preferred by the

plaintiffs, the order passed by the trial court was reversed,

granting an order of interim injunction. Against the judgment

R.P.NO.435 OF 2004
IN
C.R.P.NO.2648 OF 2002 ()

2

of the appellate court, the defendants preferred the above

revision before this Court. An order passed by this Court

dated 27.2.2004 disclose that the objections raised by the

respondents/plaintiffs that in view of the amendment to

Section 115 of the CPC under the Amendment Act of 2002 that

the revision was not maintainable, was found acceptable with

the result, this Court took the view that the matter need not

be examined on its merits. However, taking note of the

submissions made that vacating the order of interim injunction

granted by the appellate court, was likely to create law and

problem in view of the hue between the rival factions directing

both parties were ordered to maintain statusquo till the

disposal of the suit. The respondents/plaintiffs have filed the

review petition contending that when the revision itself has

been found not maintainable, the interim order of statusquo

should not have been ordered, and that order is liable to be

reviewed and set aside.

R.P.NO.435 OF 2004
IN
C.R.P.NO.2648 OF 2002 ()

3

2. I heard the learned counsel. In view of the lapse of

time after the passing of the order in the revision, and the

continuance of such statusquo till date, I find it is not proper

and appropriate to modify that order at that stage, whatever

be the correctness or legality of that order. It is also brought

to my notice that the suit originally instituted and pending on

the file of the Sub Court, Muvattupuzha subsequent to orders

passed by this Court, has been transferred to the

Ist Additional District Court, Ernakulam, a special court

constituted for trial of the Church cases, and it has been

renumbered as O.S.No.27 of 2009 on the file of that court. It

is submitted that in view of the present review petition

pending before this Court, the trial of the suit has not

proceeded so far. Considering the submissions made and

taking note of the facts and circumstances presented, I direct

the Ist Additional District Judge, Ernakulam to give top most

priority to the trial, and dispose it after giving sufficient

opportunity to both sides to lead evidence in respect of their

R.P.NO.435 OF 2004
IN
C.R.P.NO.2648 OF 2002 ()

4

respective case, as expeditiously as possible, at any rate

within a period of four months from the date of receipt of a

copy of this order. I make it clear that untramelled by

observations made in the revision or the judgment and orders

giving rise to that revision by the courts concerned, the trial

court shall dispose the suit on its merits. The review petition

is closed with the above direction.

Send a copy of the order to the Ist Additional District

Court, Ernakulam, forthwith.

S.S.SATHEESACHANDRAN
JUDGE

prp

S.S.SATHEESACHANDRAN, J.

——————————-

R.P.NO.435 OF 2004
IN
C.R.P.NO.2648 OF 2002 ()

———————————–

O R D E R

29th day of September, 2009