HIGH COURT OF KERALA
U.VARKEY – Appellant
Versus
ISSAC NEDUVELIL PUTHENPURA – Respondent
A.HARIPRASAD, J.
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
Tr.P (C) No.475 of 2017 4
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; Governme
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