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2026 Supreme(Online)(Ker) 14470

IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R.RAVI, J
THE INDIAN PENTECOSTAL CHURCH OF GOD (IPC) – Appellant
Versus
K.C THOMAS – Respondent
OP(C) NO. 2418 OF 2025 | IA 8/2025 | OP(SOCIETY) NO.32 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.JACOB P.ALEX, SRI.JOSEPH P.ALEX, SHRI.MANU SANKAR P., SHRI.AMAL AMIR ALI
For the Respondents: SHRI.BHARATH MURALI, SHRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL), SHRI.MANU NAIR G., SRI.MANU SRINATH, SHRI.LIJO JOHN THAMPY, SMT.NIVEDITA MUCHILOTE, SHRI.RIYAS M.B., SHRI.JINSU M. JAIS, SRI.B.ASHOK SHENOY, SRI.P.S.GIREESH, SHRI.UMASANKER U.U., SHRI.ADITYA A. SHENOY, SMT.RUKSANA SATHAR P.A.

The court emphasized the necessity for the District Court to determine the maintainability of the original petition before proceeding further.

Headnote:The judgment addresses the maintainability of OP(Society) No.32 of 2025 under relevant civil procedures. The court acknowledged submissions from respondents indicating no objection to the consideration of maintainability. Consequently, the petition was allowed directing the District Court to address IA.No.8 of 2025. All interlocutory applications were dismissed without prejudice, allowing for further proceedings post-maintainability assessment.

Table of Content
1. direction for maintainability determination. (Para 1)
2. no objection by respondents. (Para 2)
3. original petition allowed, actions clarified. (Para 3)

JUDGMENT

The prayer in this original is for a direction to the District Court, Pathanamthitta to determine Ext.P2 – IA.No.8 of 2025 in OP(Society) No.32 of 2025 and other interlocutory applications and to stay further proceedings till the application is decided. The application seeks to decide on the maintainability of OP(Society) No.32 of 2025. This Court had admitted the original petition and issued interim orders staying further proceedings.

2. When the case is taken up today, the counsel appearing for the respondents submitted that they have no objection in the question regarding maintainability being considered.

3. In view of the above submission, there is no necessity to retain this original petition any longer. The original petition is allowed. There will be a direction to the District Court, Pathanamthitta to consider and pass orders on IA. No.8 of 2025 in OP(Society) No.32 of 2025 and continue with the original petition after a decision is taken regarding the maintainability. This Court is not deciding on the merits and hence all interlocutory applications filed before this Court stand dismissed without prejudice to the contentions of the parties.

Sd/-

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