K V BENNY, S/O P U VARGHESE; E V YOHANNAN, S/O VARGHESE; JIJO PAUL, S/O LATE POULOSE AND ORS Vs. YUHANAN MAR SEVARIOUS METROPOLITAN; FR GHEEVARGHESE KOLLANNUR AND ORS

JUDGEMENT

(1.) This appeal arises from the judgment dated 03.04.1997 in O.S.No.53 of 1977 of the first Additional District Court, Ernakulam.

(2.) The appellants are non parties to the suit and stated to be interested in the subject matter. The second respondent and the deceased respondents 1, 3 and 4 filed the suit in the court below for a declaration that the church, cemetery, chapels and other properties scheduled to the plaint are to remain under the ecclesiastical authority of the Catholicos, Malankara Metropolitan Moran Mar Baselios Mar Thomas Mathew I and the Cochin diocesan Metropolitan (deceased first respondent) and whomsoever may succeed them to the offices in the Malankara Orthodox Syrian Church (for short, "the church") and in the possession and management of the second respondent and the deceased respondents 3 and 4 and whomsoever may succeed them in the offices under the constitution of the Church, to restrain the respondents 5 to 8/defendants or others supporting them from causing obstruction to the second respondent and the deceased respondents 1, 3 and 4 or others claiming authority under the Constitution and hierarchy of the church from conducting religious worship or service or carrying on the administration thereof and for a direction to the Village Officer who was then in custody of the suit properties as receiver in M.C.No.13 of 1975 of the Executive first Class Magistrate Court, Thrissur and for other reliefs.

(3.) The respondents 5 to 8 resisted the suit on various grounds.