Rev. G Babu v. India Evangelical Lutheran Church

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN FRIDAY, THE 10TH DAY OF APRIL 2015/20TH CHAITHRA, 1937 OP(C).No. 979 of 2015 (O) -------------------------- E.A. 519/2014 IN E.P. 123/2014 IN O.S. 534/2012 OF II ADDL.

MUNSIFF'S COURT, NEYYATTINKARA.

PETITIONER(S):

----------------------- REV. G BABU, S/O. GEROGE, AGED 60 YEARS, SECRETARY-CUM-TREASURER, INDIAN EVANGELICAL LUTHERAN CHURCH TRUST ASSOCIATION, 335-a, LUTHERAN MISSION COMPOUND, K.P. ROAD, NAGERCOILD, TAMILNADU.

BY ADVS.SRI.BABU JOSEPH KURUVATHAZHA SRI.P.T.ABHILASH RESPONDENT(S):

------------------------

1. INDIA EVANGELICAL LUTHERAN CHURCH (IELC), KERALA SYNOD, SYNOD OFFICE, MUDAVOORPARA, BALARAMAPAURAM, PALLICHAL DESOM, PALLICHAL VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN - 695 501, REPRESENTED BY ITS SECRETARY HELEN.

2. INDIAN EVANGELICAL LUTHERN CHURCH (IELC), THIRUVANANTHAPURAM SYNOD, C.L.H.S.

COMPOUND, PEROORKADA, THIRUVANANTHAPURAM - 695 005, REPRESENTED BY ITS SECRETARY DHARMADAS SAMUEL.

3. CORPORATE MANAGEMENT OF LUTHERAN SCHOOLS OF IELC, THIRUVANANTHAPURAM SYSNOD, C.L.H.S.

COMPOUND, PERRORKADA, THIRUVANANTHAPURAM - 595 005, REPRESENTED BY ITS CORPORATE SCHOOL MANAGER REV. M. SOOSAPPAN.

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 10-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O.P.C. 979 OF 2015 APPENDIX PETITIONER'S EXTS:

EXT. P1 : TRUE COPY OF O.S. NO. 534/2012 FILED BY THE 1ST REPONDENT.

EXT. P2 : TRUE COPY OF THE WRITTEN STATEMENT DATED 22.6.2012 FILED BY THE RESPONDENTS 2 AND 3 IN EXT. P1 SUIT. EXT. P3 : TRUE COPY OF THE JUDGMENT DATED 3.7.2012 IN O.S. NO. 534/2012 OF THE LEARNED COURT OF THE ADDITIONAL MUNSIFF-II, NEYYATTINKARA.

EXT. P3(a) : TRUE COPY OF THE DECREE DATED 3.7.2012 IN O.S. NO. 534/2012 OF THE LEARNED COURT OF THE ADDITIONAL MUNSIFF-II, NEYYATTINKARA.

EXT.P4 : TRUE COPY OF THE ORDER NO. ET 4/46795/10/DPI/D.DIS DATED 1.12.2010 ISSUED BY THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM.

EXT.P5 : TRUE COPY OF THE ORDER NO. ET (4)/40606/14/KDIS DATED 29.8.2014 ISSUED BY THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM.

EXT.P6 : TRUE COPY OF THE OBJECTION DATED23.8.2014 FILED BY THE 2ND RESPONDENT IN E.P.NO. 123/2014 IN O.S. NO. 534/2012. EXT. P6(a) : TRUE COPY OF THE OBJEICTION DATED 22.8.2014 FILED BY THE 3RD RESPONDENT IN E.P. NO. 123/2014 IN O.S. NO. 534/2012.

EXT. P7 : TRUE COPY OF THE AFFIDAVIT DATED 20.9.2014 FILED BY THE PETITIONER IN E.A. NO. 519/2014 IN E.P. NO. 123/2014 IN O.S. NO. 534/2012.

EXT. P8 : TRUE CP[PU PF E.A. NO. 519/2014 FILED BY THE PETITIONER IN E.P. NO. 123/2014 OIN O.S. NO. 534/2012. EXT. P9 : TRUE COPY OF E.A. NO. 191/2015 FILED BY THE PETITIONER BEFORE THE LEAREND ADDL. MUNSIFF'S COURT-II, NEYYATTINKARA IN E.P. NO. 123/2014 IN O.S. NO. 534/2012.

P. BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - O.P.(C). No. 979 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of April, 2015.

JUDGMENT

Learned counsel appearing for the petitioner brought to the notice of this Court that the petitioners have filed a petition seeking necessary directions.

2. Apart from the fact that the relief sought for in the petition so filed does not find a place in the relief portion of the Original Petition, it is also seen that the E.A. has been filed only on 9.4.2015. Therefore, it is imprudent on the part of this Court to direct the court below to dispose of the E.A.

3. Faced with the above situation, learned counsel for the petitioners sought to withdraw this Original Petition with liberty to file a proper petition.

O.P.(C).979/2015.

Permission is granted and this Original Petition is dismissed as withdrawn with liberty to file a proper petition. P. BHAVADASAN, sb.

JUDGE