K.M.ZACHARIAH, Vs. GEORGE CHURCH

JUDGEMENT

(1.) Review petitioners seek review of the judgment dated 04.12.2019 of this Hon'ble Court in the above O.P. (C). Since the issues in the review petition are intrinsically connected with the O.P.(C), facts in both Review Petition and the O.P.(C) are dealt with together.

(2.) Review petitioners are the plaintiffs in an Unnumbered Suit (C.F.No.3786/2019) of Munsiff Court, Kanjirappally. The petitioners, representing the plaintiff Church claimed to be governed by 1934 Constitution. It was contended that, the Church belonged to them and administration of the Church was obstructed by the defendants 2 to 4. Accordingly, suit was filed seeking injunction. The suit was not numbered by the court below doubting its maintainability. The matter was taken on bench by the learned Munsiff on 16.10.2019 and by Ext.P6 order, the court held that it cannot entertain the matter in view of the order of the Hon'ble Supreme Court in Civil Appeal Nos.7115 of 2019 and 7116 of 2019. Hence the plaint was returned.

(3.) The above order was challenged before this court in the Original Petition (C) contending, inter alia, that the court below went wrong in holding that the suit could not be entertained in that court. It was contended that the order of the Hon'ble Supreme Court in Civil Appeal Nos.7115 of 2019 and 7116 of 2019 though applicable to the parties, was not applicable to the facts of the suit and in the nature of the contentions raised before the court below. It was also contended that after having found that the suit was not entertainable, the court should have only rejected the plaint and could not have returned the plaint.