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2001 Supreme(Ker) 581

K.G.BALAKRISHNAN, B.N.KIRPAL
Moran Mar Thoma Mathews – Appellant
Versus
Most Rev. Thomas Mar D. Metropolitan – Respondent


Judgment :-

Leave granted.

This appeal arises from the judgment of the Kerala High Court which had disposed of an application under O. LXV R.15 of CPC filed by the respondents for the transmission of the decree of this Court in Most Rev. P.M.A. Metropolitan & Ors. v. Moran Marthoma (1995 Supp. (4) SCC 286) for execution. In the impugned judgment, the Court did not go into the dispute as to whether the said decree had been complied with- by the calling of election, as had been claimed by the appellant herein. The Court,

however, came to the conclusion that the appellant herein had not been elected as the Malankara Metropolitan. This finding of the High Court is contested by the appellant in this appeal. Both the parties belong to the Marthoma Syrian Orthodox Church. Apparently there are two factions in this and there has been an effort made by this Court to see that there is unity and reconciliation amongst them. This is quite evident from the following passage in the aforesaid judgment of Hon'ble Jeevan Reddy, J. (Retd. Judge of this Court):

"159. We hope that the unity and integrity of the Malankara Church will be maintained and continued by the above arrangement which is wholly con









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