MOR GREGORIOS KURIAKOSE Vs. CHANDY KURIAKOSE

JUDGEMENT

(1.) The defendants 4 and 5 in O.S.554 of 2019, on the files of the Munsiff's Court, Thiruvalla, have approached this Court seeking that the said Suit be transferred to the Munsiff's Court, Kottayam, before which two other Suits - allegedly on the same cause of action and same subject-matter - namely, O.S.554/2019 and O.S.2/2020 are still pending.

(2.) According to the petitioners, the issues in the afore three Suits relate to the Malankara Suriani Knanaya Samudayam (hereinafter referred to as 'Samudayam'), which is an endogamous group of Syrian Christian Community and in particular to the management and control of its constituent Churches. They concede that the Church involved in the two Suits pending before the Munsiff's Court, Kottayam are different from the one involved in the Suit sought to be transferred; but that they are all constituents of the Samudayam; and therefore, governed and controlled by the same Constitution, namely, that of the year 2003 and the year 2013. They contend that since the factual and legal issues involved in the Suit before the Munsiff's Court, Thiruvalla is essentially the same as those now pending consideration of the Munsiff's Court, Kottayam, it is only in the interest of justice that it be transferred to the Munsiff's Court, Kottayam, so that all of them can be heard and decided together, if not jointly.

(3.) I have heard Sri.Joseph Kodianthara, learned senior counsel, instructed by Sri.Jacob P. Alex, learned counsel appearing for the petitioner; Sri.K.Jayakumar, learned senior counsel, instructed by Sri.Sabu George, learned counsel appearing for respondents 1 and 2 and Sri.G.S.Raghunath, learned counsel appearing for respondent No.5.