K.P.MATHAIKUNJU Vs. KURIACHAN.K.K

JUDGEMENT

(1.) Both transfer petition and the original petition are filed by defendants 3 and 5 to 7 in O.S.No.20 of 2013 pending before the Additional District Court-I, Ernakulam.

(2.) The suit was instituted by the plaintiffs, who are respondents 1 to 5, inter alia. for a declaration that the parishioners who comply with Article 4 and 7 of the 1934 Constitution of the Malankara Church and confess before the second defendant or his successors alone are entitled to participate in the parish assembly meeting of the first defendant Church, for rendition of accounts and for other ancillary reliefs.

(3.) According to the petitioners, the suit stood posted to 14.03.2018, along with I.A.No.4598 of 2015, which was an application for injunction. Plaintiffs filed documents, witness list and the defendants filed I.A. to summon the witness to produce the documents. The grievance of the petitioners is that, though an interlocutory application No.4598 of 2015 was posted along with the suit, when the trial proceedings were going on, court below took up I.A.No.4598 of 2015 without previous notice and started hearing it, rather than proceeding with the trial. Hence, defendants approached this Court in O.P.(C) 65/2019 for a direction to the court below to proceed with the trial in O.S.No.20 of 2013 in accordance with law.