PHILIP ANCHERIL C Vs. CHACKO KUNHAPPAN

JUDGEMENT

(1.) Unfortunate events gave rise to more than 200 suits relating to the affairs of Malankara Church. On several occasions this Court hoped that the two factions of Malankara Church would see reasons and will have the wisdom to bring about an amicable settlement and things would become smooth and atmosphere peaceful. Though a Single Bench of this Court at the time of disposal of about 8 suits by a common judgment expressed the hope that the judgment of this Court would give a quietus, irrational, illogical and unnecessary disputes and litigations continued between the two factions and an end is far from sight. The factions became more and more belligerent and the atmosphere more and more tense. Even the decision by the Apex Court does not appear to be capable of putting an end to the litigations and almost every day some action from the side of either of the groups give rise to fresh disputes and discords and the litigations continue to proliferate.

(2.) OS 1 of 1979, out of which the present execution proceedings arise, was dismissed along with all other suits. Appeals were preferred and by judgment dated 01/06/1990 a Division Bench of this Court allowed the appeals and passed decrees in the suits, which will be referred to later.

(3.) The matter was carried in appeal to the Apex Court and the Apex Court disposed of the appeals by a common judgment reported in P.M.A. Metropolitan v. Moran Mar Marthoma, AIR 1995 SC 2001 , 1995 KHC 449 : 1995 (2) KLT SN 37 : 1995 Supp (4) SCC 286 : 1995 AIR SCW 3131 : 1995 AIR SCW 3133 . A fresh decree was passed and there were two subsequent modifications to the decree passed by the Apex Court. The subsequent decisions are reported in P.M.A. Metropolitan v. Moran Mar Marthoma Mathews, AIR 1996 SC 3121 , 1996 KHC 1632 : 1996 (8) SCC 470 and by Rev. P.M.A. Metropolitan v. Moran Mar Marthoma Mathews, AIR 1997 SC 1035 . The decree passed by the Apex Court consists of three parts.