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2019 Supreme(Ker) 368

A.HARIPRASAD, T.V.ANILKUMAR
U. Varkey – Appellant
Versus
Issac Nedivelil Puthenpura – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.K.K.Appu Sri.Isac Sanjay
For the Respondent: Sri.Abe Rajan Sri.Liju. M.P Sri.Sajan Vargheese K.

ORDER :

A. HARIPRASAD, J.

1. Heard the learned counsel for the petitioners and contesting respondents.

2. This matter is placed before us pursuant to a reference order passed by a learned Single Judge.

3. Short facts, for answering the reference, are as follows :

Plaintiffs in O.S No.686 of 2012 before the Additional Sub Court, Palakkad, sought transfer of the suit to the First Additional District Court, Ernakulam, on the ground that the suit is one pertaining to Malankara Church disputes and the First Additional District Court, Ernakulam, is a special court constituted for trial of such cases.

4. Learned Single Judge, on noticing some conflicting orders passed by this Court on identical transfer petitions filed under Section 24 of the Code of Civil Procedure, 1908 (in short 'C.P.C'), referred the case to be decided by a Division Bench regarding the necessity of transfer of Malankara Church Cases from different courts to the First Additional District Court, Ernakulam.

5. Special court for adjudication Malankara Church disputes came into existence pursuant to a Government Order viz; Government of Kerala G.O.Rt.1532/76/Home dated 30th June, 1976. It reads thus :

O R D E R

“The Registrar of Hi































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