KUNHI RAMAN, SUBRAMANIA IYER, JOSEPH VITHAYATHIL
Moran Mar Basselios Catholicos – Appellant
Versus
Most Rev. Mar Poulose Athanasius – Respondent
JOSEPH VITHAYATHIL, J.
This is a petition filed on behalf of respondents 1 and 2 under O. 45, R. 1 of the Travancore CPC corresponding to O. 47, R. 1 of the Indian Code, to review the judgment passed in A.S. No. 1 of 1119 by a Full Bench consisting of three Judges of the erstwhile Travancore High Court. For a proper appreciation to the points raised in this review petition it is necessary to have an idea about the history of the controversy between the parties. The plaint properties belong to the Malankara Jacobite Syrian Church. According to the plaintiffs, the Patriarch of Antioch is the ecclesiastical head of this church while according to the defendants he is only the spiritual head. The position of the Patriarch in relation to the Malankara Jacobite Syrian Church was declared by the Royal Court of Final Appeal, Travancore; in 1064, in the ‘EXT DY’, which resulted in the formation of the Marthomite Church in Malabar. It was held in that case:-
“that the ecclesiastical supremacy of the see of Antioch over the Syrian Church in Travancore has been all along recognised and acknowledged by the Jacobite Syrian community and their Metropolitans, that the exercise of that supreme
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