KURIAKOSE MAR CURILOSE Vs. MAR BASALIOSE OUGEN

JUDGEMENT

(1.) THIS special leave petition is from an interlocutory order of injunction and ordinarily this court's jurisdiction under Art.136 cannot be invoked in such cases. It is pressed before us that a large number of Syrian Jacobite Christians and their religious sentiments are involved in this case and therefore this court must consider the pros and cons of the issues involved. We are not satisfied that we should add to the difficulties of the trial court by rendering our own findings on an interlocutory proceeding. However, since the matter is of great moment to a large number of people, particularly in the sensitive area of their religious faith and worship, we direct that the trial court will take up the suit immediately on the re -opening after summer recess and proceed from day to day so as to finish the case within four months from the date of the re -opening of the courts. It is pointed out that issues have not been framed yet. The court will proceed immediately and with business -like speed to have issues framed, documents produced and trial begun. We are assured by all the parties that they are ready to co -operate with the court in the speedy despatch of the trial.

(2.) COUNSEL for the petitioner rightly points out that some of the observations made by the High Court might embarass the trial court in the suit. We agree and therefore direct that the trial court shall dispose of the issues in the suit totally untrammelled by any observations or findings made by the High Court in its order. With these observations, we dismiss the special leave petition. Dismissed.