FR PHILIP PALLICHERA Vs. ST ANTONYS EDUCATIONAL SOCIETY

JUDGEMENT

(1.) these two'appeals are filed by defendant in o.s. 32/73 and o.s. 12/74, on the file of the civil judge, mangalore. R f.a. 148/81 had been filed in the court of district judge, mangalore, which is withdrawn u/s 24 C.P.C. and is heard along with r.f.a. 30/1979 vide order dated 15-1-1981. Though the valuation of the subject matter in r.f.a. 30/79 is less than rupees one lakh and had stood transferred to the district court, mangalore, the appellant filed i.a. xii requesting this court to retain these matters as they are pending for more than a decade. This i.a. is allowed on 24-10-1989; hence these appeals are heard and we propose to dispose of them by common judgment.

(2.) before adverting to the matter on merits, it is necessary to bear in mind that along with these two suits, a third suit had been filed by m. Koshy panikar and 3 others against the plaintiffs and defendants in the above suits in o.s. 11/74 seeking a declaration that plaintiffs and worshippers belonging to orthodox syrian church of east, otherwise known as malankara church, have the exclusive right to worship at the st. Anthony orthodox syrian church dedicated to malankara church and have the consequential right to have the divine services, ceremonies and festivals conducted by rev. Father vadakkedath v.i. thomas mallapally or any other priest appointed by his holiness the catholscos of east and restraining defendants 1 and 2 (i.e. st. Antony's educational society and rev. Fr. M.p. george) from interfering in their right to worship at st. Antony's orthodox r. 47 syrian church, this suit is dismissed by the judgment under challenge. Appeal not having been filed, it has become final. Their plea is similar to the one raised by 1st defendant i.e. rev. Fr. Philip pallichera.

(3.) relevant facts which have given rise to the controversy are :- in s. No. 75/1, situated within the municipal limits of mangalore, a school building and church are constructed. The plaintiff society was registered under the Bombay public Trust Act, 1950 as also under the societies Registration Act, 1860. It was founded by rev. Father george. It was established as per the Provisions of common law of holy orthodox catholic and apostolic syrian church of antioch and was subject to control and superintendence of moran mar ignatius ebrahim 1 the prince patriarch of antioch and his successors. It was established to construct churches for the propagation of syrian orthodox jacobite faith and to start and run educational institutions for imparting education.