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2020 Supreme(Ker) 631

DEVAN RAMACHANDRAN
Mar Miletius Yuhanon, S/o. John – Appellant
Versus
Mar Thomas Dionysius, S/o. Mathai – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.K.K.APPU, SRI.ISAC SANJAY, adv
For the Respondent: SRI.P.V.ELIAS, SRI.MATHEWS J.NEDUMPARA, SRI.P.BIJIMON

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) to declare that the decisions purported to have been taken in the alleged meeting of “Akhila Malankara Yacobaya Suriyani Christiani Palli Prathinidhi Yogam” convened and held by defendants at Puthencruz on 19.6.1997

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