RANJAN GOGOI, R.BANUMATHI, NAVIN SINHA
MATHEWS MAR KOORILOS (DEAD) – Appellant
Versus
M. PAPPY (DEAD) – Respondent
JUDGMENT
R. Banumathi, J.
Suit O.S. No.187 of 1977 was filed by appellant No.1/Metropolitan of Quilon Diocese of the Malankara Orthodox Syrian Church and appellant No.2/Vicar appointed by him for St. Mary’s Church, Kattachira. Defendants/respondents in the suit represent the Parishioners of the Church. Plaintiffs/appellants inter alia prayed for a declaration that the Quilon Metropolitan and the Vicars appointed by him have exclusive right to conduct religious services in the plaint church, Cemetery and Kiurisumthotty and prayed for prohibitory injunction restraining the defendants and others who do not obey the plaintiffs/appellants from entering the plaint church and plaint schedule properties.
2. Case of the appellants is that as per Ext.-A3 (original of which is Ext.-B19) assignment-cum-gift deed dated 29.06.1972, the first defendant C.K. Koshy assigned the plaint properties along with the church and cemetery etc. situated thereon, to the Metropolitan, Quilon Diocese and that they are entitled to conduct religious services and to manage the church and its properties. The Parishioners who question such authority are not entitled to hold any office as members of the Church Committe
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