RAGGIVE Vs. MATHAI

JUDGEMENT

(1.) This appeal has been filed by the plaintiffs in O.S No. 114/1977 on the files of the District Court, inter alia, seeking a declaration that the Church in question, namely the St. John's Cyrian Church-which is also known as St. John's (Jacobite) Church, is not liable to be governed by the 1934 of Constitution of the Malankara Orthodox Syrian Church (hereinafter referred to as the 1934 Constitution)

(2.) Pertinently, the appellants concede that the Church in question is a constituent of the Malankara Church but assert that the 1934 Constitution is not binding on them and that administration of the temporal, spiritual and ecclesiastical matters is to be conducted only in accordance with the decisions of the 'Edavaka Pothu Yogam' (Parish Assembly), thus, seeking a perpetual injunction to restrain the defendants from functioning the Church in accordance with the 1934 Constitution.

(3.) The Court below dismissed the suit, holding that the unequivocal declaration of law made by the Hon'ble Supreme Court in Most Rev. P.M.A Metropolitan and Ors v. Moran Marthoma and others AIR 1995 SC 2001 forecloses the claims of the plaintiffs and that the Church in question can be governed only by the 1934 Constitution. It is this judgment of the Court below which is assailed in this appeal.