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2009 Supreme(Ker) 1097

V.RAMKUMAR
Varkey Abraham – Appellant
Versus
St Thomas Orthodox Syrian Church Nechur – Respondent


JUDGMENT

V. Ramkumar, J.

1. In this appeal filed under Section 96 read with Order XLI Rule 1 C.P.C, plaintiffs 2 to 5 in O.S.No.32 of 1977 on the file of the 1st Additional District Court, Ernakulam (Designated church Court) challenge the judgment and decree dated 8.9.1998 passed by that Court.

RELIEFS CLAIMED IN THE SUIT

2. The said suit originally instituted before the Munsiff's Court, Muvattupuzha as O.S.No.83 of 1976 by the deceased 1st plaintiff and the appellants herein was for the following reliefs:-

a) a decree declaring that the 1st defendant St.Thomas Orthodox Syrian church, Nechur is a parish church included in the Malankara Orthodox Syrian church and that it is to be administered in accordance with the Malankara Orthodox Syrian Constitution by Moran Mar Baselius Marthoma Mathews-I, the present Malankara Metropolitan and Catholicos and his successors.

b) A decree declaring that the 5th plaintiff (T.P.Elias Kathanar) is the Vicar of the 1st defendant church and the 2nd defendant ( P.M.Kuriakose Kathanar) has no right to function as the Vicar or perform the duties of the Vicar in the said church and pass a decree of mandatory injunction restraining the 2nd defendant who is keepi














































































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