( 1 ) THESE two'appeals are filed by defendant in o. s. 32/73 and o. s. 12/74, on the file of the civil judge, mangalore. R f. a. 148/81 had been filed in the court of district judge, mangalore, which is withdrawn u/s 24 C. P. C. and is heard along with r. f. a. 30/1979 vide order dated 15-1-1981. Though the valuation of the subject matter in r. f. a. 30/79 is less than rupees one lakh and had stood transferred to the district court, mangalore, the appellant filed i. a. xii requesting this court to retain these matters as they are pending for more than a decade. This i. a. is allowed on 24-10-1989; hence these appeals are heard and we propose to dispose of them by common judgment.

( 2 ) BEFORE adverting to the matter on merits, it is necessary to bear in mind that along with these two suits, a third suit had been filed by m. Koshy panikar and 3 others against the plaintiffs and defendants in the above suits in o. s. 11/74 seeking a declaration that plaintiffs and worshippers belonging to orthodox syrian church of east, otherwise known as malankara church, have the exclusive right to worship at the st. Anthony orthodox syrian church dedicated to malankara church and have the consequ

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