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1982 Supreme(Ker) 109

V.KHALID, G.BALAGANGADHARAN NAIR
MATHEW – Appellant
Versus
THOMAS – Respondent


Judgment :-

1. C.M A. No. 301 of 1981 is by defendants to 3 and 7 to 14 from an order appointing a receiver and C. M.A. No, 22 of 1982 is by defendant 1 from another order allowing attachment of his properties before judgment. In view of the common questions involved we propose to deal with the two appeals in a single judgment.

2. O S. No. 4 of 1981 before the 2nd Additional District Judge, Ernakulam, out of which the appeals arise concerns the affairs of the St. John's Orthodox Syrian Church, Paravur Kara, Manakkunnam. The two plaintiffs and defendants 1 and 3 to 15 are parishioners of the Church and the 2nd defendant is its Vicar. For the administration of the Church an Executive Committee of which defendants 1 to 15 are the members was elected by the General Body of the Parishioners in 1974 for a term of one year. The 1st defendant is the Kaikaran of the Church then elected. As Vicar the second defendant is the Secretary of the Committee. Defendants 1 and 2 as Kaikaran and Vicar are the custodians of the properties of the Church. Although the term of the Committee expired in 1975 there has been no election and the same Committee has been in office since then. The Church is admitt



















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