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1953 Supreme(Ker) 67

SANKARAN, SUBRAMONIA.IYER
Kuruvilla – Appellant
Versus
Avira – Respondent


Judgment :-

1. The plaintiff in O.S. 31 of 1118 on the file of the District Court of Parur appeal against the order of the District Judge dated 11.5.1124 refusing their application to remove the two respondents to this appeal (who were defendants 1 and 3 in the court below) from their position as receivers and to appoint a stranger receiver instead. That suit had been preceded by O.S. 13 of 1111 of the same court which, as the present, related to the Vadakara Jacobite Syrian Church, Parur, and was removal of the old Kaikkars and entrustment of management to new ones. The contesting old kaikkars compromised with the opponents and the litigation accordingly terminated by the end of the year 1117. The management of the church was, from the start of the litigation to its finish, done under the orders of court through its receiver. At the close of the litigation it was entrusted to the parties agreed upon in the compromise. Within a few days of the presentation of the compromise before court, it is stated that 365 parishners objected to its acceptance by the court but the objection was of no avail.

2. The present suit was filed in Vrischigam 1118 impeaching the aforesaid compromise and c




























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