Case Summary
The plaintiffs, members of St.Johns Baptist Church, seek a declaration and perpetual injunction to uphold their rights against the removal of Norbertine priests. The defendants, including the church authorities, argue that the suit is not maintainable under Canon Law.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found that the suit is not maintainable under the current jurisdiction, leading to the return of the plaint to be presented before the proper court.
Key Reasoning:
The court determined that it lacks jurisdiction to entertain the suit due to it being governed by Canon Law.
The court determined that it lacks jurisdiction to entertain the suit due to it being governed by Canon Law.
Why Defendant Won:
The court determined that it lacks jurisdiction to entertain the suit due to it being governed by Canon Law.
The court determined that it lacks jurisdiction to entertain the suit due to it being governed by Canon Law.
Supporting Evidence
In the above dictum, it is clear that the Munsiff’s Courts are totally lacking in any jurisdiction to entertain the suit.
Judgment Evidence:
In the result, Plaint returned to be presented before the proper Court.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Anto Davassia
- Party Age
- 39
- Relation
- S/o.
- Party Role
- Plaintiff
- Party Name
- Terrance James
- Party Age
- 26
- Relation
- S/o.
- Party Role
- Plaintiff
- Party Name
- Joseph George
- Party Age
- 56
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- St.Johns Baptist Church
- Relation
- Rep. by Parish Priest
- Party Role
- Defendant
- Party Name
- Diocesan Bishop, Diocese of Quilon
- Party Role
- Defendant
- Party Name
- Most. Rev. Stanley Roman
Plaintiffs Documents
Copy of agreement executed by the 2nd Defendant, Representation to the Diocese.
Defendants Documents
Certified copy of Sale Deed No. 92/2015, Certified copy of Sale Deed No. 1488/1987.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. Alexander Panicker. M.I.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Nil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Not Decided
Description:
The plaintiffs sought for a perpetual injunction against the said removal.
Evidence:
The plaintiffs now seek court intervention to restore the Norbertines’ right to continue under the perpetual agreement and safeguard the spiritual and communal interests of the parish.
Relief Type:
Declaration
Outcome:
Not Decided
Description:
The plaintiffs sought a declaration to uphold the Norbertines’ right under the perpetual agreement.
Evidence:
The plaintiffs now seek court intervention to restore the Norbertines’ right to continue under the perpetual agreement and safeguard the spiritual and communal interests of the parish.
Documents & Evidence
Document Type:
Representation
Submitted By:
Plaintiff
Relevance:
Copy of agreement executed by 2nd Defendant.
Reference:
Ext.A1
Document Type:
Representation
Submitted By:
Plaintiff
Relevance:
Representation to the 3rd defendant with mass signature.
Reference:
Ext.A2
Document Type:
Representation
Submitted By:
Plaintiff
Relevance:
Representation to the 5th defendant.
Reference:
Ext.A3
Document Type:
Representation
Submitted By:
Plaintiff
Relevance:
Representation to Abbot Benzes Thomas O Praem.
Reference:
Ext.A4
Document Type:
Representation
Submitted By:
Plaintiff
Relevance:
Representation to Cardinal His Excellency George Alencherry.
Reference:
Ext.A5
Document Type:
Representation
Submitted By:
Plaintiff
Relevance:
Representation to Rt.Rev.Arch Bishop Soosa Pakiam.
Reference:
Ext.A6
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Notice published to Eravipuram Edavaka.
Reference:
Ext.A7
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Notice published to Eravipuram Edavaka Protection Council.
Reference:
Ext.A8
Document Type:
Copy of plaint
Submitted By:
Plaintiff
Relevance:
Copy of plaint in OS 207/15.
Reference:
Ext.A9
Document Type:
Certified Copy
Submitted By:
Plaintiff
Relevance:
Certified Copy of IA 1571/15.
Reference:
Ext.A10
Document Type:
Show Cause Notice
Submitted By:
Plaintiff
Relevance:
Show cause Notice issued by 1st respondent.
Reference:
Ext.A11
Document Type:
Memo of Charge
Submitted By:
Plaintiff
Relevance:
Memo of charge issued by 1st respondent.
Reference:
Ext.A12
Document Type:
Copy of explanation
Submitted By:
Plaintiff
Relevance:
Copy of explanation by the 3rd petitioner.
Reference:
Ext.A13
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Postal receipts.
Reference:
Ext.A14
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Postal acknowledgment Card.
Reference:
Ext.A15
Document Type:
Paper publication
Submitted By:
Plaintiff
Relevance:
Paper publication (Mathrubhoomi Daily).
Reference:
Ext.A16
Document Type:
Copy of plaint
Submitted By:
Plaintiff
Relevance:
Copy of plaint in OS 839/16.
Reference:
Ext.A17
Document Type:
Copy of by-law and guidelines
Submitted By:
Plaintiff
Relevance:
Copy of by-law and guidelines.
Reference:
Ext.A18
Document Type:
Pendrive
Submitted By:
Plaintiff
Relevance:
Pendrive.
Reference:
Ext.A19
Document Type:
Copy of Booklet
Submitted By:
Plaintiff
Relevance:
Copy of Booklet of Kollam Diocese.
Reference:
Ext.A20
Document Type:
Copy of Booklet of by-law and guidelines
Submitted By:
Plaintiff
Relevance:
Copy of Booklet of by-law and guidelines of Kollam Diocese.
Reference:
Ext.A21
Document Type:
Certified Copy
Submitted By:
Defendant
Relevance:
Certified copy of Sale Deed No. 92/2015.
Reference:
Ext.B1
Document Type:
Certified Copy
Submitted By:
Defendant
Relevance:
Certified copy of Sale Deed No. 1488/1987.
Reference:
Ext.B2
Document Type:
Certified Copy
Submitted By:
Defendant
Relevance:
Certified copy of Order in OP No 162/16 of the District Court Kollam.
Reference:
Ext.B3
Document Type:
Certified Copy
Submitted By:
Defendant
Relevance:
Certified copy of Settlement Deed No. 2885/2007.
Reference:
Ext.B4
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Tax Receipt.
Reference:
Ext.B5
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Religious trust governance
Case Code
Case between Anto Davassia et al vs St.Johns Baptist Church et al regarding injunction.
Case Code Year
Case between Anto Davassia et al vs St.Johns Baptist Church et al regarding injunction.