ST GEORGE JACOBITE SYRIAN ORTHODOX Vs. FR GEEVARGHESE

JUDGEMENT

(1.) THE additional 6th appellant is the sole appellant. Originally, he was the 8th respondent in this appeal. He was transposed as the additional 6th appellant vide order dated 2.4.2012 in I.A.No.260/2012. The appeal is directed against the order dated 9.10.2009 in I.A.No.5190/2009 in O.S.No.30/2008 on the file of the District Court, Ernakulam. The said I.A was filed by the original plaintiffs for temporary injunction restraining respondents 1 to 4, 6 and their men from constructing any building or church building in the property scheduled in the plaint till the disposal of the suit. The court below dismissed the petition finding that the plaintiffs failed to made out a prima facie case.

(2.) SUIT was filed on 14.12.2007 before the Munsiff Court, Idukki as O.S.No.67/2007. Subsequently, the suit was transferred to the District Court, Ernakulam and re-numbered as O.S.No.30/2008. Suit was filed by six plaintiffs seeking the following reliefs:

(3.) PLAINTIFFS filed I.A.No.5190/2009 to restrain respondents 1 to 4 , 6 and their men from constructing any building or church building in the property. The documents produced by the petitioners/plaintiffs in the I.A are marked as Exts.A1 to A18 and that by defendants as Exts.B1 to B8.