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2019 Supreme(Online)(KER) 52815

HIGH COURT OF KERALA
U.VARKEY – Appellant
Versus
ISSAC NEDUVELIL PUTHENPURA – Respondent


Advocates:
['SRI K K APPU', '', 'SRI ISAC SANJAY', 'SRI ABE RAJAN', '', 'SRI LIJU M P', 'SRI SAJAN VARGHEESE K']

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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