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2022 Supreme(Ker) 869

K. BABU
The Malankara Orthodox Syrian Church, Represented By Its Sabha Secretary Adv. Biju Oommen, S/o. Oommen – Appellant
Versus
Eldho Basil, S/o. E. M. Paulose – Respondent


Advocates Appeared:
For the Petitioners: Sri. P. Martin Jose, P. Prijith, Thomas P. Kuruvilla, R. Githesh, Ajay Ben Jose, Manjunath Menon, Sachin Jacob Ambat, Anna Linda V.J, Hani P.Nair, Harikrishnan S.

JUDGMENT :

1. Challenge in this original petition filed under Article 227 of the Constitution of India is to the common order dated 27.1.2022 in I.A.Nos.1/2022 & 2/2022 in O.P.No.10/2022 passed by the District Court, Kottayam. Respondents 1 to 4 filed O.P.No.10 of 2022 under Section 92 of the Code of Civil Procedure (CPC), seeking leave to institute a suit for declaring that the decision of the Episcopal Synod taken on 16.9.2021 electing and nominating the Catholicos and Malankara Metropolitan of the first petitioner Church as ultravires and also for declaring the decision taken on 17.9.2021 by the Managing Committee of the Malankara Association as null and void.

2. The respondents filed applications for amending the petition to incorporate the events that occurred after the filing of the original petition by way of I.A.Nos.1 & 2 of 2022. The District Court, Kottayam allowed both the applications through a common order.

3. Heard Sri.S.Sreekumar, the learned Senior Counsel appearing for the petitioners and Sri.Dinesh R.Shenoy, the learned counsel appearing for the respondents.

4. The learned Senior Counsel for the petitioners submitted as follows:-

    (1) As there is no provision for a

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