C.U. RAJAN Vs. FATHER JOYI PULIKKOTTIL

JUDGEMENT

(1.) The original petition is filed to set aside the order dtd. 8/9/2021, passed in the unnumbered original suit, by the Court of the Munsiff, Pattambi, filed by the petitioner against the respondents.

(2.) The petitioner's grievance is that, he had instituted Ext.P1 plaint before the court below against the respondents, inter alia, to restrain them from removing the gates that were unauthorisedly fixed in the plaint schedule property. The court below without even numbering the suit, by the impugned Ext.P3 order, has ordered the return of the plaint on the premise that the suit is not maintainable, in the light of the law laid down by the Honourable Supreme Court in K.S.Varghese v. Saint Peter's and Saint Paul's SyrianOrthodox Church and Others(2017) 15 SCC 333. Ext.P3 is perse erroneous, improper and unsustainable in law. Hence, the original petition.

(3.) Heard; Sri.K.Shibili Naha, the learned counsel appearing for the petitioner and Sri.Roshan D Alexander, the learned counsel appearing for the 1st respondent.