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K. S. Varghese – Appellant
Versus
St. Peter's & Paul's Syrian Orth. – Respondent
JUDGMENT :
Arun Mishra, J.
1. The appeals relating to Kolencherry Church have been filed against judgment and decree passed by the High Court of Kerala on 4.10.2013 in Regular First Appeal and against order passed in Review application arising out of Suit No.43 of 2006 and Suit No.47 of 2006 by the District Judge on 11.4.2014. The Patriarch faction filed suit No.43 of 2006 to declare that the defendant No.1 (D-1) Church, its assets, including the educational institutions are liable to be administered only in accordance with Udampady executed on 30.12.2013. Prayer was also made to settle a scheme for administration of the church and its assets, to appoint a Receiver, conduct elections after preparing proper voters list irrespective of their factional affiliations and to entrust management to them. Permanent injunction be issued against 3rd defendant restraining him from receiving the key of the church.
2. With respect to Varikoli Church the appeals have been preferred as against judgment and decree dated 21.8.2015 passed in Regular First Appeal by the High Court of Kerala arising
MATHEWS MAR KOORILOS (DEAD) VS M. PAPPY (DEAD) - 2018 0 Supreme(SC) 854: Treated as followed; cited multiple times as authority "(2017) 15 SCC 333" in context of church control and management.
Johnson Kuriakose VS Fr. Thomas Paul Ramban - 2018 0 Supreme(Ker) 808: Treated as followed; explicitly "relying on the Supreme Court decisions in K.S.Varghese and others".
St. Marys Orthodox Church (Kattachira Palli) VS State of Kerala - 2019 0 Supreme(Ker) 154: Treated as followed; directly references "Saint Peter's and Saint Paul's Syrian Orthodox Church and Others" as key precedent.
U. Varkey VS Issac Nedivelil Puthenpura - 2019 0 Supreme(Ker) 368: Treated as followed; cites "(2017 (15) SCC" and "2017(3) K.L.T 261" alongside other cases in supportive context.
Fr. Issac Mattammel Cor-Episcopa VS St. Mary's Orthodox Syrian Church - 2019 0 Supreme(SC) 1054: Treated as followed; cites "(2017) 15 SCC 333" and notes "Varghese (supra) as there is no scope left for further litigation", indicating binding effect.
M. K. George VS State of Kerala - 2019 0 Supreme(SC) 1453: Treated as followed; references "Peter’s & Paul’s Syrian Orth. & Ors., reported in (2017) 15 SCC 333" and "Varghese (supra)".
Saju alias Sabu S/o Varghese VS St. Mary's Church Umminikkunnu, Pothanickadu - 2019 0 Supreme(Ker) 858: Treated as followed; states "The Apex Court has absolutely meant so in Varghese (supra)".
Fr. Thomas Paul Ramban VS District Collector, Kakkanad - 2019 0 Supreme(Ker) 1023: Treated as followed; directs administration "in the light of the decision of the Apex Court in K.S.Varghese" and "[2017(3) KLT 261]".
A. A. Kora S/o Avarachan VS St. Mary's Orthodox Church, Attimkunnu Kakkoor - 2019 0 Supreme(Ker) 1056: Treated as followed; references "Varghese and Others vs. St. Peter’s" in ongoing church dispute context.
St. Mary S. Jacobite Syrian Orthodox Church VS Abraham Varghese S/o Varghese - 2020 0 Supreme(Ker) 25: Treated as followed; notes "the Hon'ble Supreme Court has already declared in Varghese vs. St. Peter's and Paul's Syrian Orthodox Church".
P. M. Joy, S/o. Mani VS P. V. Johny, S/o. Varghese - 2020 0 Supreme(Ker) 115: Treated as followed; cites "[2017 (3) KLT 261 SC] declared" regarding church management.
Fr. O. S. Kuriakose S/o O. T. Scaria VS Fr. Andrews Chiravathara - 2020 0 Supreme(Ker) 423: Treated as followed; cites "Varghese vs. St. Peter's and Paul's Syrian Orth (C.A." repeatedly.
Marthoman Church, Mulanthuruthy, Represented by Its Trustee VS State of Kerala, Represented by Its Chief Secretary - 2020 0 Supreme(Ker) 280: Treated as followed; cites "[(2017) 15 SCC 333]" stating it will "bind all Parish Churches".
Mar Miletius Yuhanon, S/o. John VS Mar Thomas Dionysius, S/o. Mathai - 2020 0 Supreme(Ker) 631: Treated as followed; cites "Saint Peter's and Saint Paul's Syrian Orthodox Church [2017(15) SCC 333]" alongside related cases.
FR. C. K. Poulose S/o. Kora VS Yacob S/o. Mathew - 2020 0 Supreme(Ker) 578: Treated as followed; cites "[2017 (3) KLT 261 SC]" and "Varghese (Supra)".
Minimol P. P. W/o Mathew P. Thomas VS State of Kerala Rep. by its Secretary, General Education Department - 2020 0 Supreme(Ker) 834: Treated as followed; states Supreme Court "categorically held" in "Varghese (supra)".
St. George Tabore Church VS State Of Kerala, Represented By Its Chief Secretary - 2020 0 Supreme(Ker) 879: Treated as followed; cites "Varghese v. St. Peter's and Paul's Syrian Orth. (C.A.".
John Paily VS State of Kerala - 2021 0 Supreme(SC) 994: Treated as followed; notes the judgment "in K S Varghese vs. ... (2017) 15 SCC 333, is the reason for instituting".
Cardinal Mar George Alencherry S/o. Late Philipose VS State of Kerala, Represented by the Public Prosecutor, High Court of Kerala, Ernakulam - 2021 0 Supreme(Ker) 572: Treated as followed; cites "St.Peter's & Paul's Syrian Orthodox Church (2017 3 KLT 261 (SC))" and "Varghese v. St.".
Fr. A. V. Varghese S/o Varkey VS State of Kerala, Rep. by its Chief Secretary - 2021 0 Supreme(Ker) 586: Treated as followed; references "Peter's and Paul's Syrian Orthodox Church" and "Varghese vs. St.".
M. S. Paulose S/o. Samuel VS State Of Kerala - 2022 0 Supreme(Ker) 246: Treated as followed; cites "St.Peter’s Paul’s Syrian Orth. & Ors." in church naming context.
Trishul Media Entertainment VS Retrophiles Private Limited - 2023 0 Supreme(Bom) 1253: Treated as followed; cites "(2017) 15 SCC 333 (Paragraphs 4, 11, 79)".
S T. Peters VS State Of Kerala Represented By The Additional Chief Secretary To The Government, Home (Ssa) Department) - 2024 0 Supreme(Ker) 496: Treated as followed; cites "Peter's & Paul's Syrian Orthodox Church and Others [(2017) 15 SCC 333".
S T.PETER'S AND ST.PAUL'S SYRIAN ORTHODOX CHURCH vs STATE OF KERALA - 2024 Supreme(Online)(Ker) 68600: Treated as followed; labeled "precedent - This Supreme Court ruling determined the need for churches... in accordance with the 1934 Constitution" and cites the case.
S T. Peter's and St. Paul's Syrian Orthodox Church VS State Of Kerala, Represented by the Additional Chief Secretary to the Government, Home (Ssa) Department) - 2024 0 Supreme(Ker) 423: Treated as followed; cites "Peter's & Paul's Syrian Orthodox Church and Others [(2017) 15 SCC 333".
Markose VS Rev. Fr. Tijo Kuriakose - 2024 0 Supreme(Ker) 1461: Treated as followed; cites "Varghese case (supra) put an end to the whole controversy".
FR RAJU MARKOSE vs ST. MARY'S ORTHODOX SYRIAN CHURCH MANGALAM DAM POST - 2024 Supreme(Online)(KER) 33191: Treated as followed; labeled "precedent - Established the rights of parishioners to access churches" and references the case.
Tsumongo Ovung VS Wokha Town Baptist Church - 2024 0 Supreme(Gau) 1648: Treated as followed; cites "Varghese and Others Vs. ... Saint Peter’s and Saint Paul’s Syrian Orthodox Church and Ors., reported in (2017) 15 SCC 333".
GILBERT CHEERAN vs STATE OF KERALA - 2025 Supreme(Online)(KER) 11794: Treated as followed; labeled "church governance - This case established the constitutional framework... reaffirming the validity of its 1934 constitution" and references Varghese.
Gilbert Cheeran S/o. C. M. George Vs State Of Kerala - 2025 0 Supreme(Ker) 649: Treated as followed; labeled "church governance - This case established the constitutional framework... reaffirming the validity" and references Varghese.
THE PATRIARCH OF ANTIOCH AND ALL THE EAST vs ABRAHAM JOSEPH - 2025 Supreme(Online)(Ker) 35350: Treated as followed; labeled "jurisdiction - Reaffirmed the role..." and cites "Varghese and Others v. Saint Peter’s and Saint Paul’s Syrian Orthodox Church".
Mr.D.Mohanraj Arumainayagam vs Jeyaratchakar C, Rev.Jebakumar Jolly Jeremiah, Church of South India, Moderator Commissary / Bishop In-charge, The CSI Thoothukudi- Nazareth Diocese, The Administrator, The CSI Thoothukudi Nazareth Diocese - 2026 Supreme(Online)(Mad) 6610: Treated as followed; labeled "autonomy - Clarifies the autonomy... made clear in the case of K.S.Varghese Vs. St.Peter's & ST. Paul's Syrian Orthodox Church".
ST.GEORGE ORTHODOX SYRIAN CATHEDRAL vs STATE OF KERALA - 2026 Supreme(Online)(Ker) 8848: Treated as followed; labeled "precedent - This case was cited to establish procedural correctness" and cites "St.Peter’s and Syrian Orthodox Church and others reported in 2017 (15) SCC 333".
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