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2015 Supreme(Ker) 958

P.B.SURESH KUMAR
MATHAI VARGHESE – Appellant
Versus
ST. MARY'S ORTHODOX CHURCH – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.P.MARTIN JOSE, SRI.ELDHO CHERIAN, SRI.P.PRIJITH, SRI.THOMAS P.KURUVILLA
For the Respondent: SRI. K.J.KURIACHAN, SRI. P.VIJAYAKUMAR, SRI. C.R. REGHUNATHAN, SRI. M.V.ASHIM, SRI.R.BALAKRISHNAN, SRI.B.HARRYLAL, SRI.SUVIN.R.MENON

Judgment :

The plaintiffs in a suit instituted under Section 92 of the Code of Civil Procedure are the appellants.

2. The dispute in the suit pertains to the management of the first defendant church namely, St.Mary's Orthodox Church, Varikoli. The first defendant church is a parish church coming under the Kandanadu East Diocese of Malankara Orthodox Syrian Church, hereinafter referred to as 'the Malankara Church' for short. The suit was filed by a few parishioners of the first defendant church, alleging that the first defendant church is to be administered in accordance with the constitution of the Malankara Church framed by the Malankara Association in the year 1934; that defendants 1 and 2 who are elected as the trustees of the first defendant church are continuing in office beyond the period of one year prescribed in the 1934 constitution of the Malankara Church and that the fourth defendant who is the Vicar of the first defendant church is not taking steps to convene a parish assembly to elect new office bearers of the church. It was also alleged by the plaintiffs that the accounts of the first defendant church have not been audited and placed before the parish assembly since 19


































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