1. The fight between two factions of the Jacobite Christians has given rise to this proceedings. To start with the dispute related to their rights over Mar Ougen Church, Maravanthuruth and cemetry attached to it. Consequent on that dispute, proceedings u/S. 145 (1) of the Code of Criminal Procedure were initiated before the Sub Divisional Magistrate, Palai in M.C. No.6/78. Preliminary order u/S. 145 (1) was issued on 23-3-1978. On the same day the learned Magistrate initiated proceedings u/S. 146(1) of the Code of Criminal Procedure. By that order the entire Church and all its properties including the cemetry were placed under the custody of the Village Officer, Kulasekhararnangalam as receiver. The rival parties thereupon approached the civil court by filing suits. Those suits are still pending. When the Sub Divisional Magistrate proceeded with the trial of M.C. 6/78, "A" party to the proceedings approached this court by filing Crl. M.C. 509/81. By order dated 26-9-1981 this court directed the Magistrate not to proceed with

M.C. 6/78 till the question in dispute is decided by a competent civil court. Since the civil court did not adjudicate on the rights of the parties