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2020 Supreme(Ker) 25

DEVAN RAMACHANDRAN
St. Mary S. Jacobite Syrian Orthodox Church – Appellant
Versus
Abraham Varghese S/o Varghese – Respondent


Advocates Appeared:
For the Appellant : Sri. K.J. Kuriachan.
For the Respondents: Sri. S. Sreekumar, Sri. P. Martin Jose, Sri. P. Prijith, Sri. Thomas P. Kuruvilla.

JUDGMENT :

DEVAN RAMACHANDRAN, J.

1. This appeal has been filed by defendants 1, 4 to 6, 8, 11 and 12 in O.S. No. 32/2005 on the files of the First Additional District Court, Ernakulam.

2. The suit in question was laid on file by respondents 1 to 4 herein, inter alia seeking a declaration that the 1st appellant Church, which was the first defendant in the suit, is liable to be governed under the 1934 Constitution of the Malankara Sabha. The suit was taken to trial and after an exhaustive evaluation of the evidence on record and the testimony of the witnesses, the District Court decreed the suit in the following manner:

    In the result, the suit is decreed in part and it is declared that D1 Church is liable to be governed under the 1934 Constitution of Malankara Sabha. D2 is directed to convene a pothuyogam of D1 church and conduct an election to its Managing Committee including the trustees and secretary in accordance with the 1934 Constitution. D4 and D5 are also directed by a mandatory injunction to hand over the mammodeesa register, vivaha register, marana register, edvakayoga register, kumbasara register, edavaka register and the file containing various kalpanas, to the second defend

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