BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Friday, the Twentieth day of November Two Thousand Fifteen

PRESENT

The Hon`ble Mr.Justice T.MATHIVANAN

CRP(PD)(MD) Nos.2502, 2503, 2296 of 2015

and

TR.CMP(MD)No. 417 of 2015.

OOR COMMITTEE OF MELAPERUVILAI

ST.JEBAMALAI MADHA CHURCH & ITS MEMBERS,REP

BY ITS PRESIDENT ROSE DARVIN ...PETITIONER/PETITIONER

/PLAINTIFF IN ALL THE CASES

Vs

1 THE BISHOP,

R.C.DIOCESE OF KOTTAR,

NAGERCOIL,

AGASTEESWARAM TALUK,

KANYAKUMARI DISTRICT.

2 PARISH PRIEST

ST. JEBAMALAI MADHA CHURCH,

BISHOP HOUSE,

NAGERCOIL - 629 001,

KANYAKUMARI DISTRICT.

... RESPONDENTS/RESPONDENTS/

DEFENDANTS IN ALL THE CASES.

Prayer in CRP(MD)No. 2502 of 2015:

This Civil Revision Petition is filed under Article 227 of

Constitution of India, to set aside the order dated 26.10.2015 passed

in I.A.No.261 of 2015 in O.S. 193 of 2010 on the file of the Additional

District Munsif of Eraniel.

Prayer in CRP(MD)No. 2503 of 2015:

This Civil Revision Petition is filed under Article 227 of

Constitution of India, to set aside the order dated 26.10.2015 passed

in I.A.No.262 of 2015 in O.S. 193 of 2010 on the file of the Additional

District Munsif of Eraniel.

Prayer in CRP(MD)No. 2296 of 2015:

This Civil Revision Petition is filed under Article 227 of

Constitution of India, to set aside the order dated 07.10.2015 passed

in I.A.No. (unnumbered) of 2015 in O.S. 193 of 2010 on the file of the

Additional District Munsif of Eraniel. Now in the charge of District

Munsif of Boothapandi

Prayer in TR.CMP(MD)No. 417 of 2015:

This Tr CMP is filed under Section 24(b)(ii) code of Civil

Procedure, to withdraw the suit in O.S.No. 193 of 2010 from the file of

the Additional District Munsif of Eraniel and transfer the same to the

file of the Principal District Munsif of Additional District Munsif of

Valliyoor.

https://hcservices.ecourts.gov.in/hcservices/

ORDER: These Petitions coming on for hearing on this day. Upon persuing

the petitions and Affidavits and material papers of this petitions and

upon hearing the arguments of Mr.S.Subbiah, Advocate for the petitioner

in all the cases and of Mr.S.Meenakshi Sundaram, Advocate on behalf of

the Respondents in all the petitions this Court made the following

order:

As directed by this Court, the revision petitioner in C.R.P(MD)No.

2296 of 2015 has filed an affidavit narrating the facts what had

happened on 15.10.2015 as well as on 26.10.2015.

2. It appears that as early as on 15.10.2015, this Court has

granted interim stay of all further proceedings in respect of O.S.No.

193 of 2010. It also appears from the 'B' Diary extract that on

13.10.2015, the applications in I.A.Nos.261 and 262 of 2015 were heard

and posted on 15.10.2015 for pronouncing orders. Since the learned

Judge was on causal leave on 15.10.2015, the petitions were adjourned

to 26.10.2015 for pronouncing orders.

3. As afore stated, the order of stay was granted on 15.10.2015,

when the petitions in I.A.No.s 261 and 262 of 2015 were taken up for

pronouncing orders on 26.10.2015, the learned Judge was kept informed

by filing a memorandum by the revision petitioner saying that an

interim stay was granted by the High Court on 15.10.2015. Despite the

information given through the memorandum, the learned Judge had

proceeded to pronounce the order on 26.10.2015.

4. Being aggrieved by this, the revision in C.R.P(MD)No. 2296 of

2015 is filed. However, Mr.S.Meenakshi Sundaram, learned counsel

appearing for the respondents has demonstrated through the 'B' Diary

entry saying that no memorandum was filed on 26.10.2015 keeping the

Court informed about the order of interim stay.

5. In this connection, since conflictions appear from the entry of

'B' Diary as well as the affidavit filed by the revision petitioner,

this Court finds that it may be bette