BY AD v. ARUN.B.VARGHESE

RESPONDENTS/RESPONDENTS/RESPONDENTS/DEFENDANTS: 1 2 SOUTH KERALA DIOCESE (SKD) BISHOP HOUSE, LMS COMPOUND, THIRUVANANTHAPURAM, REPRESENTED BY THE BISHOP., PIN - 695033 ADMINISTRATIVE COMMITTEE OF SKD OP(C) Nos. 589 and 2186 OF 2023 2 REPRESENTED BY ITS SECRETARY, LMS COMPOUND, THIRUVANANTHAPURAM, PIN - 695033 3 REV. J. JAYARAJ ALLEGED PASTORAL BOARD SECRETARY, LMS COMPOUND, THIRUVANANTHAPURAM, PIN - 695033 BY ADVS. ARUN.B.VARGHESE RAKHI RAJ(K/001996/2020) THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON

08.01.2024, ALONG WITH OP(C).2186/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) Nos. 589 and 2186 OF 2023 3 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN MONDAY, THE 8TH DAY OF JANUARY 2024 / 18TH POUSHA, 1945 OP(C) NO. 2186 OF 2022 AGAINST THE JUDGMENT DATED 23.07.2022 IN CMA 122/2021 OF ADDITIONAL DISTRICT COURT (ADHOC) III, THIRUVANANTHAPURAM IN O.S.NO.90/2021 OF THE PRINCIPAL SUB COURT, THIRUVANANTHAPURAM PETITIONER/4TH APPELLANT/4TH PETITIONER/4TH PLAINTIFF: NISHANTH G. RAJ AGED 37 YEARS S/O SELVARAJ, NISHANTH NIVAS, KIDARAKKUZHI, PARASUVAIKKAL P.O., THIRUVANANTHAPURAM,, PIN - 695508 BY ADV G.S.REGHUNATH RESPONDENTS/RESPONDENTS 1 & 2 S AND APPELLANTS 1 TO 3 AND 5 & 6/COUNTER PETITIONERS 1 & 2 AND PETITIONERS 1 TO 3 & 5 & 6/DEFENDANTS 2&3 AND PLAINTIFFS 1 TO AND 5 & 6: 1 2 3 4 5 6 SOUTH KERALA DIOCESE (SKD) BISHOP HOUSE, LMS COMPOUND, THIRUVANANTHAPURAM, REPRESENTED BY THE BISHOP, PIN - 695033 ADMINISTRATIVE COMMITTEE OF SKD REPRESENTED BY ITS SECRETARY, LMS COMPOUND, THIRUVANANTHAPURAM,, PIN - 695033 CSI CHURCH COMMITTEE KUDUMBODU, AMARAVILA P.O., CHENKAL VILLAGE, REPRESENTED BY ITS SECRETARY, PIN - 695122 CSI CHURCH COMMITTEE ZEOINKUNNU, VEMBAYAM (P.O.) VILLAGE, REPRESENTED BY ITS SECRETARY, PIN - 695615 CSI CHURCH COMMITTEE CHANI, KANJIRAMKULAM P.O., KANJIRAMKULAM VILLAGE, REPRESENTED BY ITS SECRETARY, PIN - 695524 SUBIN S. RAJ AGED 37 YEARS S/O SUNDARAJ, MOOLAKKONAM, KOOVALASSERY P.O., NEYYATTINKARA, THIRUVANANTHAPURAM,, PIN - OP(C) Nos. 589 and 2186 OF 2023 4 695121 7 VINU.S. AGED 49 YEARS S/O SOMARAJ, PRARTHANA, ATTUKAL, KULAKKODU, VELLANADU P.O., NEDUMANGAD, THIRUVANANTHAPURAM,, PIN - 695541 BY ADVS. ARUN.B.VARGHESE ANTONY JOSEPH ARRYAPPALLY AISWARYA V.S.(K/001596/2018) S.SREEKUMAR (SR.)(S-571) THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON

08.01.2024, ALONG WITH OP(C).589/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) Nos. 589 and 2186 OF 2023 5 JUDGMENT Though these matters were heard for some time, the learned counsel for the petitioners would limit the prayer for an expeditious disposal of the suit O.S Nos. 90/2021 and 92/2021 pending before the Principal Sub Court, Thiruvananthapuram, untrammelled by any of the observations made in the impugned orders.

2. Having regard to the limited prayer now sought for, these Original Petitions are disposed of, directing the learned Sub Judge to dispose of the suits afore referred, in accordance with law, untrammelled by any of the observation made in the impugned orders, expeditiously, at any rate, within a period of six months from the date of receipt of a copy of this judgment. The Original Petition will stand disposed of accordingly. Sd/- C.JAYACHANDRAN, JUDGE OP(C) Nos. 589 and 2186 OF 2023 6 APPENDIX OF OP(C) 2186/2022 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P4(a) Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 Exhibit P9 TRUE COPY OF THE RELEVANT PAGE OF THE CONSTITUTION OF CSI TRUE COPY OF RELEVANT PAGES OF THE CONSTITUTION OF SOUTH KERALA DIOCESE TRUE COPY OF THAT CIRCULAR DATED 8.2.2021 ISSUED BY SIUC TRUE COPY OF THE NOTICE DATED 20.04.2021 ISSUED BY PETITIONER AND 2 OTHERS TRUE COPY OF THE SAID NOTIFICATION DATED 8.12.2020 SENT BY CHURCH OF SOUTH INDIA TO 1ST RESPONDENT TRUE COPY OF THE PLAINT IN O.S. NO.90/2021 ON THE FILE OF SUB COURT, THIRUVANANTHAPURAM DATED 4.5.2021 TRUE COPY OF THE INJUNCTION PETITION I.A. NO.2/2022 IN O.S. NO.90/2021 DATED 6.5.2021 ON THE FILE OF SUB COURT, THIRUVANANTHAPURAM TRUE COPY OF THE COUNTER AFFIDAVIT IN O.S. NO.90/2021 DATED NIL ON THE FILE OF SUB COURT, THIRUVANANTHAPURAM WITHOUT DOCUMENTS TRUE COPY OF THE ORDER DATED 5.10.2021 PASSED BY THE SUB COURT ON I.A. NO.2/2021 IN O.S. NO.90/2021 TRUE COPY OF THE JUDGMENT IN C.M.A. NO.122/2021 DATED 23.7.2022 OF THE COURT OF ADDL. DISTRICT JUDGE-III, THIRUVANANTHAPURAM OP(C) Nos. 589 and 2186 OF 2023 7 APPENDIX OF OP(C) 589/2023 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 TRUE COPY OF THE RELEVANT PAGES OF THE 63-73 CONSTITUTION OF SKD TRUE COPY OF THE PLAINT IN O.S. NO.92/2021 DATED 28.6.2021 ON THE FILE OF SUB COURT, THIRUVANANTHAPURAM TRUE COPY OF THE INJUNCTION PETITION IN I.A. NO.1/2021 IN O.S. NO.92/2021 DATED 28.6.2021 ON THE FILE OF SUB COURT, THIRUVANANTHAPURAM, TRUE COPY OF THE TRANSFER LIST OF THE PRESBYTERS 2021-2022 TRUE COPY OF THE REPORT OF THE CHURCH SOUTH INDIAN - SOUTH KERALA DIOCESE DATED 2018-2019 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 30.6.2021 IN O.S. NO.92/2021 ON THE FILE OF SUB COURT, THIRUVANANTHAPURAM TRUE COPY OF THE ORDER DATED 5.7.2021 ON I.A. NO.1/2021 IN O.S. NO.92/2021 OF THE SUB COURT, THIRUVANANTHAPURAM TRUE COPY OF THE JUDGMENT DATED 30-07- 2022 IN C.M.A. NO.73/2021 OF THE ADDITIONAL DISTRICT COURT, THIRUVANATHAPURAM RESPONDENTS EXHIBITS: NIL LSN TRUE COPY P.A TO JUDGE