Second appeal by defendants 4 and 5 against concurrent decrees granting injunctions recognising the plaintiff as Vicar of a Malankara Orthodox parish church under the 1934 Constitution. Relying on an earlier High Court judgment upholding the Orthodox faction's claim, the appeal was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
WEDNESDAY, THE 17TH DAY OF JULY 2024 / 26TH ASHADHA, 1946
RSA NO. 292 OF 2024
AGAINST THE JUDGMENT DATED 22.07.2023 IN AS NO.11 OF 2021 OF SUB COURT,
MUVATTUPUZHA
ARISING OUT OF THE JUDGMENT DATED 29.03.2021 IN OS NO.629 OF 2017 OF MUNSIFF
COURT,MUVATTUPUZHA
APPELLANTS/APPELLANTS/APPELLANTS/4TH & 5TH DEFENDANTS:
1 V.C KURIAN AGED 63 YEARS
S/ O CHERIAN RESIDING AT VAZHATHOTTATHIL HOUSE MIIDAVOOR, VELLOORKUNNAM VILLAGE MUVATTUPUZHA TALUK, PIN - 686669
2 REJI KURIAN AGED 55 YEARS S/O KURIAN RESIDING AT PUTHENKOTTAYIL HOUSE MUDAVOOR, VELLOORKIINNAM VILLAGE MUVATTUPUZHA TALUK, PIN - 686669
BY ADVS. ALIAS M.CHERIAN K.M.RAPHY BRISTO S PARIYARAM AMEERA JOJO MINNU DARWIN
RESPONDENTS/RESPONDENTS/RESPONDENTS/PLAINTIFFS & DEFENDANT 1 TO 3, 6 TO 12:
1 FR. GEEVARGHESE KAPPIL AGED 35 YEARS S/O THOMAS KURIAN KAPPIL SHARON BHAVAN, MATHOOR KARA, CHENEERKARA VILLAGE KOZHANCHERY TALUK, PATHANAMTHITTA DISTRICT, NOW RESIDING AT BALAGRAMAM VALAYANCHIRANGARA KARA, VENGOLA VILLAGE, KUNNATHUNAD TALUK ERNAKULAM DISTRICT, PIN - 686556
2 ST. GEORGE ORTHODOX SYRIAN CHURCH MUDAVOOR KARA, VELLOORKUNNAM VILLAGE MUVATTUPUZHA TALUK REPRESENTED BY ITS TRUSTEES REJI MATHEW, AGED ABOUT 53 YEARS, S/O MATHEW PULICKAKUDIYIL HOUSE, MUDAVOOR VELLOORKUNNAM VILLAGE MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT , SUBSTITUTED THE TRUSTEE BINO PAUL, AGED ABOUT 58 YEARS, S/O PAILY RESIDING AT KOCHUKUDIYIL HOUSE MUDAVOOR KARA, VELLOORKUNNAM VILLAGE, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686669
3 FR. ELDHOSE CHERIAN AGED 45 YEARS S/O CHERIAN RESIDING AT NAMMANALY HOUSE POTHANICAD KARA, DO VILLAGE, KOTHAMANGALAM TALUK ERNAKULAM DISTRICT, PIN - 686671
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4 FR. JOHN MATHEW AGED 35 YEARS S/O MATHEW RESIDING AT PALATHINKAL HOUSE EZHIPRAM KARA, AIKARANADU SOUTH VILLAGE, KADAYIRIPPU P.O KOLENCHERY, KUNNATHUNAD TALUK ERNAKULAM DISTRICT, PIN - 682308 5 M.P. VARKEY AGED 62 YEARS S/O LATE PAULOSE MUNDACKAL HOUSE, MUDAVOOR KARA VELLOORKUNNAM VILLAGE MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT, PIN - 686669 6 K.V. ELDHOSE AGED 51 YEARS S/O VARKEY KORATTITIL HOUSE, MUDAVOOR KARA VELLOORKUNNAM VILLAGE, ERNAKULAM DISTRICT, PIN - 686669
7 T.M. SABU AGED 53 YEARS S/O MATHAI THENGUMPILLITHOTTATHIL HOUSE, MUDAVOOR KARA, VELLOORKUNNAM VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT, PIN - 686669
8 K.M BIJU AGED 45 YEARS S/O MATHAI KOLLAMMAVUDIYIL HOUSE, MUDAVOOR KARA, VELLOORKUNNAM VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT, PIN - 686669
9 K.M ELDHOSE AGED 44 YEARS S/O MATHAI KARIKUZHIYIL HOUSE VAZHAPPILLY KARA, VELLOORKUNNAM VILLAGE MUVATTUPUZHA TALUK ERNAKULAM DISTRICT, PIN - 686669
10 FR. BIJU VARKEY AGED 49 YEARS S/O VARKEY KORATTIYIL HOUSE, MUDAVOOR KARA VELLOORKUNNAM VILLAGE MUVATTUPUZHA TALUK ERNAKULAM DISTRICT, PIN - 686669
11 C.V BIJU AGED 57 YEARS S/O LATE C.V. VARKEY CHERAKUNNATH HOUSE, MUDAVOOR KARA VELLOORKUNNAM VILLAGE MUVATTUPUZHA TALUK, PIN - 686669
THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 17.07.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
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under the Angamaly Diocese, which is governed by 1934 Constitution of Malankara Orthodox Syrian Church; that the plaint schedule property belongs to the first defendant church; that the first defendant church and all other Malankara churches are functioning under the Catholicos of East and the Malankara Metropolitan; that in 1972 the relationship between Patriarch and Catholicos got disturbed and some people of Malankara Church joined the Patriarch and become separate parallel group within church by name Jacobite group; that this group started ordaining Bishops and Priests with the help of Patriarch and developed the governance in Malankara churches which culminated in the judgment of the Hon'ble Supreme Court in 1995; that later as per the decision of the Hon'ble Supreme Court in Varghese.K.S v. St. Peter's & Paul's Syrian Orthodox Church [2017 (3) KLT 261 (SC)] Malankara church is decided to be Episcopal in character and in 1934 Constitution declared to be valid and binding upon parish churches; that it is not permissible to create a parallel system of management in the churches under the guise of spiritual supremacy of the Patriarch; that the defendants 2 to 5 are members of Jacobite faction functioning as per Jacobite Syrian
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Christian Sabha 2002 Constitution; that the second and third defendants are not appointed as per 1934 Constitution and have no right to act as Vicar and Assistant Vicar of the first defendant church; that the Hon'ble Supreme Court in a decision in Varghese's case (supra) binds not only the parties named in the suit but also those who have interest in the Malankara church; that the priests from Jacobite Syrian Christian Sabha 2002 have neither any authority to act as the Vicar and nor to cause obstruction to the plaintiff in functioning as the Vicar of the first defendant church. The cause of action for the suit alleged is that on 14.12.2017 the plaintiff reliably came to know that the defendants 2 to 5 colluded together to take hasty steps to cause obstruction to the plaintiff in conducting religious ceremonies in the church and also that the second defendant, in collusion with the defendants 3 to 5, published a notification dated 05.11.2017 for conducting elections to the management committee of the first defendant church.
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O.S.No.184/1977 was pending consideration before that Court and A.S.No.635/1997 arising there from was considered by the Hon'ble High Court; that there is a status quo order in A.S.No.635/1997; that Rev.Fr.Geevarghese Thekkumcheril is the Vicar of the first defendant church since 1974 and that the present religious service is being conducted by the said Vicar and defendants 2 & 3, respectively; that the suit is hit by Section 92 of the CPC; that the plaintiff is not the duly appointed Vicar; that he is the Vicar of another church by the name St.Gregorious Catholicos Church near the first defendant and that the Metropolitan who appointed the plaintiff is a total stranger and alien to the first defendant church.
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by filing appeal, the same was dismissed by the First Appellate Court confirming the judgment and decree of the Trial Court.
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possession and administration of the first defendant church on the basis of the 2002 Constitution. This Court, in Ext.A5 judgment, has specifically found that the 1064 churches, including the first defendant church, are governed by the 1934 Constitution and rejected the claim of the Jacobite faction.
11.DW1, who was examined from the side of the defendants, admitted that he and the other defendants belong to the Jacobite faction. In view of the Ext.A5 judgment, the defendants could not raise any claim over the first defendant church as of now. Since the contentions in the Written Statements reveal that the Jacobite faction which includes the defendants stakes claim over the first defendant church, there is cause of action for the suit.
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protection in favour of the Orthodox faction to get administration of the first defendant church, as things stand now, the first defendant church has been in the administration of the Orthodox faction to which the plaintiff belongs.
13.In the above-mentioned circumstances, the defendants cannot have any grievance against the reliefs granted by the Trial Court, which are confirmed by the First Appellate Court. Accordingly, this Regular Second Appeal is dismissed.
Sd/M.A.ABDUL HAKHIM
JUDGE
ShgXX
2 issues framed by the court
Whether defendants 4 and 5 could challenge the concurrent decrees granting injunctions in favour of the plaintiff as Vicar under the 1934 Constitution.
Whether the suit was barred for want of initiation under Section 92 CPC.
Colour shows how this judgement treated each authority
Varghese.K.S v. St. Peter's & Paul's Syrian Orthodox ChurchReferred
[2017 (3) KLT 261 (SC)]
V.C Kurian
Reji Kurian
Fr. Geevarghese Kappil
St. George Orthodox Syrian Church, Mudavoor
Fr. Eldhose Cherian
Fr. John Mathew
M.A. Abdul Hakhim
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
