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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. NATARAJAN, J.
The Patriarch Of Antioch And All The East - Appellant
Versus
Abraham Joseph, S/o. E.I. Abraham Ezhumayil - Respondent
O.P.(C) No.819 of 2025
Decided on : 11-07-2025
| Table of Content |
|---|
| 1. judicial procedures initiated by 1st defendant against munsiff court's order (Para 1 , 1 , 2 , 3 , 4 , 5) |
| 2. arguments about locus standi and interpretation of knanaya constitution (Para 7 , 8 , 9 , 10) |
| 3. locus standi of plaintiffs as members of knanaya samudayam (Para 12 , 13 , 14) |
| 4. constitutional rights under article 25 and 26 related to church governance (Para 18 , 20 , 21) |
| 5. consideration of supreme court precedents regarding internal church matters (Para 26 , 27) |
| 6. powers of the patriarch over temporal matters and injunction orders (Para 28 , 29 , 30) |
| 7. invalidity of the 2002 constitution and authority of the patriarch (Para 31 , 32 , 35) |
| 8. final judgment dismissing the petitions (Para 40 , 42 , 43) |
JUDGMENT :
O.P.(C) No.819 of 2025 is filed by the petitioner/1st defendant for challenging the common order dated 4.3.2025 passed in I.A.No.2 of 2024 in C.M.A. No.54 of 2024 by the Additional District Judge-V, Kottayam, and to allow the I.A., by staying the execution and operation of the order dated 27.08.2024 passed by the Munsiff Court, Kottayam, in I.A. No.2 of 2024, in O.S. No.206 of 2024.
O.P.(C) No.825 of 2025 was filed by the petitioner/1st defendant in the suit for setting aside the common order passed in I.A.No.2 of 2024 in C.M.A. No.56 of 2024 dated 04.03.2025 by the Additional District Judge-V, Kottayam, and allow the application by staying the operation and execution of the order/Ext.P3, passed in O.S. No.264 of 2024 in I.A. No.1 of 2024 dated 27.08.2024 in C.M.A. No.54 of 2024 and C.M.A. No.56 of 2024.
O.P.(C) No.826 of 2025 was filed by the same petitioner/1st defendant in the suit by challenging the common order passed in I.A. No.2 of 2024 in C.M.A. No.59 of 2024 dated 04.03.2025 by the Additional District Judge-V, Kottayam, and to allow the application by staying the operation and execution of the order dated 27.08.2024 passed in I.A. No.2 of 2024 in O.S. No.206 of 2024 by the Munsiff Court, Kottayam.
2. The Munsiff Court, Kottayam, passed orders in I.A. No.2 of 2024 in O.S. No.206 of 2024; orders in I.A. No.1 of 2024 on 27.08.2024 in O.S. No.264 of 2024, and on the same day i.e., on 27.08.2024 in I.A. No.2 of 2024 in O.S. No.206 of 2024, wherein the Munsiff Court, Kottayam, granted injunction in favour of the respondent/plaintiffs in O.S.No.206 of 2024 and O.S.No.264 of 2024 by common order, restraining the petitioner from taking any disciplinary action against the 2nd respondent, called on Metropolitan and the implementation of the bull E1-30/24 was kept in abeyance till disposal of the said suits.
3. Feeling aggrieved by the said orders, the 1st defendant, namely Patriarch of Antioch, filed Civil Miscellaneous Appeals in C.M.A. Nos.54 of 2024, 56 of 2024, and 59 of 2024 under Order 43 Rule 1(r) C.P.C. Along with the appeal, the petitioner also filed I.A. No.2 of 2024 in all the three cases for staying the execution and operation of the order passed by the Munsiff Court, Kottayam.
4. After hearing the arguments of both sides, the District Judge dismissed the application by refusing to stay the injunction order passed by the Munsiff, as against the appellant/petitioner by order dated 04.03.2025. Accordingly, the petitioners/1st defendant filed these petitions before this court.
5. All the three petitions are arising out of the common order passed by the Munsiff Court as well as the 1st Appellate Court in I.As, hence, taken together for passing a common judgment.
6. I have heard learned Senior Counsel Sri.Joseph Kodianthara, and Sri.John Vithayathil, learned counsel appearing for the petitioner; Senior counsel Sri.Jayakumar, and Sri.Sundeep Abraham, learned Counsel appearing for the 2nd respondent; Senior counsel Sri. S.Sreekumar, learned counsel appearing for the 1st plaintiff in O.S.No.206 of 2024; Senior Counsel Sri. M. Ramesh Chander, Sri.G.Sreekumar, learned counsel appearing for the additional 8th respondent, Sri. Paul Jacob, learned counsel appearing for respondents 3 and 4; Sri
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