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2019 Supreme(Ker) 359

A.HARIPRASAD, SHIRCY V.
P. E. Thomas S/o Eacey – Appellant
Versus
Abraham Jose Rocky S/o Rocky Chandy Neroth – Respondent


Advocates Appeared:
For the Appellants : Sri. C.R. Syamkumar, Smt. V.A. Haritha, Sri. K. Arjun Venugopal, Sri. P.A. Mohammed Shah, Sri. P. Sreekumar, Sri. R. Nandagopal, Sri. Sidharth B. Prasad, Sri. Sooraj T. Elenjickal, Smt. Gayathri Muraleedharan.
For the Respondents: Sri. K.P. Sreekumar, Dinesh Mathew J. Muricken.

JUDGMENT :

A. HARIPRASAD, J.

1. Paradesi Synagogue is the oldest active Synagogue located at Jew Town, Cochin (at present known as Kochi). It was built in 1568 for catering the religious needs of Cochin Jewish Community in the erstwhile kingdom of Cochin. Admittedly, this Synagogue is a religious trust. The appellants herein, the plaintiffs before trial court, would contend that the plaint schedule land and building had been dedicated to the Synagogue and it therefore forms part of a religious charitable trust of a public nature. They would contend that an assignment deed obtained by the 1st respondent from respondents 2 and 3 (who are the defendants in the suit) in respect of the plaint schedule property is void and it has to be set aside. Court below, by the impugned order passed on an interlocutory application, upheld the plea of the respondents that the appellants have no cause of action against them for instituting the suit and therefore the plaint was rejected by invoking Order VII Rule 11(a) of the Code of Civil Procedure, 1908 (in short, the Code). That order is under challenge in this appeal.

2. Fundamental facts, relevant for a proper decision, are the following: Plaint sche



























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