SOOSAI PAKIAM Vs. SOLOMON J

JUDGEMENT

(1.) THE dispute concerns the bifurcation of St.Antony's Forane Church at Valiyathura in Thiruvananthapuram. THE plaintiffs who are the parishners filed two applications for temporary injunction pending suit. I.A.No.3474 of 2009 was filed for an injunction retraining the defendants from obstructing the plaintiffs or the people in Ward Nos.1 and 2 from enjoying all the rights in St.Antony's Forane Church. It includes the right to conduct services in the church, utilise graveyard, enjoy the community hall, study in the Higher Secondary School etc. I.A.No.4620 of 2010 was filed for an injunction restraining the first defendant from making any bifurcation of St.Antony's Forane Church till the disposal of the suit. THE trial court dismissed both the applications put in by the plaintiffs whereas the lower appellate court has allowed the same.

(2.) THE question that arises in I.A.No.4620 of 2010 is as to whether a church could be bifurcated by a Bishop who is in control of its administration and management. THE diocesan Bishop can establish, suppress or alter parishes as per the Canon Law followed by the parties. THE defendant has also a case that the bifurcation of the church has already been effected with effect from 8.8.2010. THE question whether a bifurcation did take place or not is a matter to be decided in the suit since the parties are at variance on this issue. But the Bishop has prima facie the exclusive prerogative to bifurcate a parish and the plaintiffs have no say in the matter. I am therefore of the opinion that the lower appellate court erred in granting an injunction against bifurcation. THE lower appellate court has mixed up the issue of bifurcation with partition even though there is no evidence of division of property. I.A.No.4620 of 2010 filed for injunction against bifurcation of St.Antony's Forane Church is hereby dismissed.

(3.) THE original petition is disposed of as above.