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2020 Supreme(Ker) 115

DEVAN RAMACHANDRAN
P. M. Joy, S/o. Mani – Appellant
Versus
P. V. Johny, S/o. Varghese – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.K.RAMAKUMAR (SR.), SRI.S.M.PRASANTH, SRI.G.RENJITH, SMT.R.S.ASWINI SANKAR, SRI.T.H.ARAVIND, SRI.T.RAMPRASAD UNNI
For the Respondent: SRI.S.SREEKUMAR (SR.), SRI.P.MARTIN JOSE, SRI.P.PRIJITH, SRI.THOMAS P.KURUVILLA, SMT.HANI P.NAIR, SRI.AJAY BEN JOSE, SRI.MANJUNATH MENON, SHRI.HARIKRISHNAN S.

JUDGMENT :

I am considering these two appeals together, since they challenge the same judgment and decree of the Court below.

2. Defendant No.3 in O.S.No.42 of 2003 on the file of the District Court, Ernakulam and defendant No.13 in the said suit have approached this Court by filing R.F.A.No.541 of 2019 and R.F.A.No.545 of 2019 respectively.

3. The suit in question was filed by the plaintiffs with respect to the management and attendant issues of St.John's Orthodox Syrian Church, Kanniyattunirappu, with the following prayers:-

    “1. A decree removing defendants 2, 3, 5 to 22 as trustees, secretary, managing committee members of 1st defendant church, manager of St.John's High School and Secretary of St.John's Hospital.

2. A decree of perpetual injunction restraining defendants 2,3 and 5 from functioning as trustees, secretary and D8 to D22 from functioning as managing committee members of the 1st defendant church and D6 and D7 from functioning as the manager and secretary of the St.John's school and St.John's hospital of the 1st defendant church.

3. A decree of mandatory injunction directing the 4th defendant to call for an immediate puthuyogam of the 1st defendant church and to conduct ele

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