J U D G M E N T

Advocate Shri Sajan Varghese takes notice for respondents.

Heard counsel on both sides.

2. This petition is in challenge of order dated October 11, 2010 passed by the learned Additional District Judge-I, Ernakulam on I.A. Nos.5108 and 5135 of 2010 in O.S. No.1 of 2008 of that court. Petitioners before me filed the suit for various reliefs alleging that respondent No.1 – St.Mary's Orthodox (Jacobite) Church, Mullaringadu, is Governed by the 1934 Constitution approved and upheld by the Supreme Court in the decision reported in P.M.A. Metropolitan v. Moran Mar Marthoma (AIR 1995 SC 2001). That contention is however resisted by the respondents. While the suit was pending one Paulose Mathai who according to the petitioners is a parishioner of respondent No.1 fell seriously ill and was admitted in the hospital. Anticipating that he may not survive, petitioners filed I.A. No.5135 of 2010 seeking permission of learned Additional District Judge to bury the body of said Paulose Mathai in case of his death in the cemetry attached to respondent No.1-Church. I.A. No.5108 of 2010 was filed to advance hearing of the suit and the application. Learned Additional District Judge dispose