DEVAN RAMACHANDRAN
Mar Miletius Yuhanon, S/o. John – Appellant
Versus
Mar Thomas Dionysius, S/o. Mathai – Respondent
JUDGMENT :
The jurisdictional and operational ambit and purlieus of Section 92 of the Code of Civil Procedure Code (CPC for short) has been called into question in these appeals; and adscititously - more as a necessary corollary - the powers of this Court Under Order XLI Rule 33 of the CPC, to dispose of suits finally, are also put in focus.
2. The appellant, who is the plaintiff in the suits, from which these appeals arise, asserts that he is the Metropolitan of the Thrissur Diocese of the Malankara Orthodox Syrian Church (hereinafter referred to as the 'Malankara Church' for short).
3. The appellant filed O.S.No.33/1998 (from which RFA.No.570/2004 arises) alleging that the defendants therein, who are the various Metropolitans and priests stated to be owing allegiance to a faction of the Malankara Church called the “Patriarch faction”, were attempting to interfere with his rights as the Metropolitan of the Thirssur Diocese and therefore, sought the following reliefs:
A.R.Antulay v. R.S.Nayak and another [(1988) 2 SCC 602]
K.S.Varghese and others v. Saint Peter's and Saint Paul's Syrian Orthodox Church [2017(15) SCC 333]
Moran Mar Basselios Catholicos v. Thukalan Paulo Avira and others [AIR 1959 SC 31]
M/s.Zee Tele Filims Ltd. and Anr v. Union of India and Ors [AIR 2005 SC 2677]
Municipal Corporation of Delhi v. Gurnam Kaur [AIR 1989 SC 38]
Nasiruddin and others v. Sita Ram Agarwal [(2003) 2 SCC 577]
State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat and others [AIR 2006 SC 212]
State of U.P and another v. Synthetics and chemicals Ltd. and another [(1991) 4 SCC 139]
Swami Parmatmanand Saraswati and another v. Ramji Tripathi and another [AIR 1974 SC 2141]
Sugra Bibi v. Hazi Kummu Mia (1969) 3 SCR 83 = (AIR 1969 SC 884
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