MATHEW YOHANNAN Vs. VARGHESE

JUDGEMENT

(1.) BOTH these appeals are filed against the judgment in O.S.No.43/2007 rendered by the 1st Additional District Court, Emakulam. R.F.A. No.589/2011 is filed by the plaintiffs in the suit and R.F.A. No.655/2011 is filed by defendants 13 and 15 and they are aggrieved by the dismissal of the counter claim filed by them.

(2.) WE heard learned Senior Counsel Shri N. Sukumaran appearing for the appellants in R.F.A.No.589/2011 and learned Senior Counsel Shri K. Ramakumar appearing for the appellants in R.F.A.No.655/2011, Shri R.D. Shenoy, learned Senior Counsel appearing for respondents 1,2,5,17 and 18 in R.F.A.No.589/2011 who are supporting the appellants, learned Senior Counsel Shri S. Sreekumar appearing for respondents 3 and 9 in R.F. A.No.589/2011 and respondents 6 and 12 in R.F. A.No.655/2011, learned Senior Counsel Shri T. Krishnanunni and Shri Paul Kuriakose, learned counsel appearing respectively for the respondents 10,11 and 12 in R.F. A.No.589/2011 and respondents 13 and 14 in the other appeal.

(3.) THE controversy is between the two factions of parishioners of the first respondent Church, viz. St. Peter's and St. Paul's Syrian Orthodox Church, Kolencherry. The suit was filed by plaintiffs 1 to 3, arraying 12 defendants and additional defendants 13 to 16 have been subsequently impleaded. The first defendant is the Church represented by its Vicar who was arrayed as the second defendant (Patriarch faction) and the third defendant (Orthodox faction) is also a priest. The suit is one filed under S.92 of the Code of Civil Procedure and leave has been granted by the Court. The plaintiffs sought the intervention of the court for having a proper administration of the Church which according to them, is a public trust of a religious nature. The plaint averments show the following: There were factional fights and prolonged litigations between the two factions of the parishioners of the first defendant Church and they are: (i) Orthodox faction; and (ii) Patriarch faction. At the time of filing of the suit, the two factions were conducting services in the Church in turns and the second defendant is the Vicar and the third defendant is the Priest offering services on behalf of Orthodox faction. Plaintiffs and defendants 2, 5 and 7 belong to the Patriarch faction and the other defendants are parishioners belonging to the Catholicos (Orthodox) faction.