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2018 Supreme(Online)(KER) 2922

HIGH COURT OF KERALA
A.HARIPRASAD, J
GEORGE – Appellant
Versus
ELDOSE    Advocate -SRI MANU GEORGE KURUVILLA – Respondent


COMMON JUDGMENT

Common questions of law arising in these original petitions emanate from two suits filed before two different courts. Challenge in O.P. (C) No.235 of 2018 is against Ext.P6 order passed on Ext.P4 interlocutory application. In Ext.P4, the defendants prayed for return of the plaint involved in a Malankara Church dispute to be presented before the 1st Additional District Court, Ernakulam (Special Court for trial of Malankara Church Cases) on the ground that the trial court, where Ext.P1 suit is laid, has no jurisdiction in the light of pronouncement by the Supreme Court of India in S.L.P.No.16579 of 2013. This prayer was rejected by the trial court with a cryptic order which reads thus:

“Heard. No notification or any order is produced to show that this court has no jurisdiction.

Hence, this I.A. is dismissed.”

A verdict on the correctness of this order will eventually resolve the main dispute in the cases on hand.

2. O.P.(C) Nos.3649 of 2017, 3650 of 2017 and 3656 of 2017 arise out of O.S.No.629 of 2017 before the Court of Munsiff, Muvattupuzha. Ext.P1 is the copy of plaint produced in all the above cases. Defendants in the suit are the petitioners herein.

3. Petitioner in O

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