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2019 Supreme(Ker) 858

MARY JOSEPH
Saju alias Sabu S/o Varghese – Appellant
Versus
St. Mary's Church Umminikkunnu, Pothanickadu – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Sri. N. Sukumaran, Sri. Saji Varghese Kakkathottathil, Sri. Latheesh Sebastian, Sri. S. Shyam.
For the Respondents: Sri. Biju Abraham, Sri. B.G. Bhaskar.

JUDGMENT :

MARY JOSEPH, J.

1. The appeal is preferred against the decree and judgment dated 25.06.2002 of the 1st Additional District Court, Ernakulam in O.S. No. 40/2000. The plaintiffs in the suit are the appellants and defendants are the respondents. The 2nd respondent died during the pendency of the appeal. The 3rd respondent was substituted by new Vicar. Therefore, legal heirs of 2nd respondent and the new Vicar were brought on record as additional respondents 4 to 6 vide order dated 10.07.2014 in I.A. No. 2351/2013. The Original Suit was filed seeking reliefs as follows:

    “(a) Removal of 2nd defendant from the office as Trustee (Kaikar) of the Church and to put the Church, its institutions and properties and all assets in the new Kaikars and Managing Committee elected by holding elections after preparing up to date voters list based on the basis of the one prepared by the Advocate Commissioner in O.S. No. 18 of 1977 of the 1st Addl. District Court, Ernakulam.

(b) Ordering the 2nd defendant to render accounts of the income and expenses of the Church from the date of his assuming the Management of the Church, pursuant to the decree in O.S. No. 18 of 1977 of the 1st Additional Distri

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