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2020 Supreme(Ker) 578

DEVAN RAMACHANDRAN
FR. C. K. Poulose S/o. Kora – Appellant
Versus
Yacob S/o. Mathew – Respondent


Advocates Appeared:
For the Appellant : Sri. K.K. Appu, Sri. T.M. Joseph Shylan, Sri. K.K. Appu.
For the Respondent: Sri. Liju. M.P., Sri. Sajan Vargheese K.

JUDGMENT :

This appeal is one among the long line of litigation between the two factors in the Malankara Orthodox Syrian Church; with a variation that the members of the 'Patriarch faction' in this case assert that the Church in question is an independent one, consecrated not as part of the Malankara Church, thus claiming full control over it, in exclusion to the rival 'Orthodox faction'.

2. Thus, the answer to the afore assertion will clinch this case, which surely pivots on the pleadings and evidence available on record, for which, a look through them is fit necessary.

3. This appeal has been filed by the plaintiffs in O.S.No.11 of 2003, on the files of the I Additional District Court, Ernakulam.

4. The afore mentioned suit had been instituted by the appellants as plaintiffs, alleging that the 1st among them is the Vicar and the 2nd among them is a Trustee of the St.George Jacobite Syrian Church, Marottichal.

5. According to them, the Church in question is a constituent of the Malankara Jacobite Syrian Church, also known as the Malankara Orthodox Syrian Church (hereinafter referred to as ‘the Malankara Church’ for short) and that it can only be governed by its 1934 Constitution, thus

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