IMPORTANT POINTS
• There need not be any more routine transfer of Malankara Church cases instituted before competent courts elsewhere to the First Additional District Court, Ernakulam, for trial and disposal, as none of the courts in the State can legally take a view against the law declared by the Supreme Court in the precedents mentioned above-Such transfer of cases could result in inconveniences to parties, especially when the suits are instituted at places far away from Ernakulam- Question of taking divergent views by different courts will never arise because of the binding precedents by the apex court.
• No court in this country can take a different view on the subject reckoning the binding pronouncements by the apex court in P.M.A Metropolitan and Others v. Moran Mar Marthoma and Another (A.I.R 1995 S.C 2001), Varghese v. St.Peter's and Paul's Syrian Orthodox Church (2017(3) K.L.T 261) and Mathews Mar Koorilos v. Pappy (2018 (3) K.L.T 990). Now it is very clear that the Supreme Court has categorically stated as to what are the rights and obligations of the disputants in Malankara Church cases and no court in this country can take a different view on the subject.

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 High Court has recommended that one Additional Sessions Court may be established at Ernakulam exclusively for the trial of cases connected with Malankara Church disputes now pending in various courts of the State.

2. Government accept the recommendation and are pleased to accord sanction for establishing a special court at Ernakulam with the following staff exclusively for trial of cases concerning Malankara Church disputes till the end of February, 1977.

Additional District & Sessions Judge 1 on Rs.1400-1900

U.D.Clerk 1 on Rs.275-525

L.D.Clerks 2 on Rs.239-385

Stenographer 1 on Rs.240-540

Peons 3 on Rs.196-265

The expenditure will contingency fund initially to be not from the be recouped later by moving for a supplementary grant.

By order of the Governor,

Sd/-

S.NARAYANASWAMY,

SPECIAL SECRETARY. ”

6. It is noteworthy, then more than 400 suits were pending in different courts in the State in respect of various disputes in Malankara Church. In order to have a uniform view in those cases, one special court was constituted as per the aforementioned Government Order. As per the notification above, term of the court would have ended by the end of February, 1977. However, it was later extended till February, 1982.

7. It is seen from the records placed before us that on 16-03-2017, the Registrar (Subordinate Judiciary) of this Court had addressed the Additional Chief Secretary, Home (C) Department, Government of Kerala, requesting to issue necessary orders making the First Additional District & Sessions Court, Ernakulam, permanent with retrospective effect from 01-03-1982 and also to designate the said court as a Special Court for trial of cases connected with Malankara Church disputes from 01-03-1982 till all cases relating to Malankara Church disputes are disposed of. The Government is yet to take a decision thereon.

8. Learned counsel on both sides produced a common judgment in O.P(C) Nos.3649 of 2017, 3650 of 2017, 3656 of 2017 and 235 of 2018 dated 15th February, 2018, wherein one of us (A.Hariprasad, J) directed transfer of a suit filed before the Munsiff's Court, Muvattupuzha, to the First Additional District Court, Ernakulam, for trial and disposal. In paragraph 17 of the aforementioned common judgment, it has been made clear as follows :

“17. The notification constituting the Special Court specifically shows that the court was established for trial of Malankara Church Cases. It has been consistently held that trial in a civil case begins by framing issues. For the aforementioned reasons, I find no bar for any party to institute a suit involving Malankara Church dispute in a civil court having jurisdictional competence. For the same reason, I find that there is no bar in passing interlocutory orders in such suits. However, this will not affect the right of