SISTER SYNO Vs. REJI MARKOSE

JUDGEMENT

(1.) THE appellant herein is plaintiff No.1 in O.S.No.119/1998 of the Sub Court, Kottayam. The present appeal is filed against the final judgment passed in I.A.No.3140/2007 in the said suit and the appellant was the first counter petitioner.

(2.) IN the suit, a preliminary decree was passed for framing a scheme. Plaintiffs 1 to 5 in the suit and the fourth defendant were the major contestants. The first defendant is the Metropolitan of Malankara Syrian Knanaya Church. Some of the necessary facts for the disposal of the appeal are the following: The suit is for framing a scheme, electing new Trustees and Managing Committee members for carrying on the management and administration of "Kurichi Visudha Magdalana Mariam Vanitha Mandiram Trust" (hereinafter referred to as "Vanitha Mandiram Trust"). The female members of the Malankara Syrian Knanaya community are the beneficiaries of the Trust. It is an independent trust formed in the year 1115 M.E. by certain members of Knanaya community for the betterment of the female members of the community. A meeting was held on 30th Medam 1115 M.E. wherein the trustees and members of the executive committee were appointed for the administration of the Trust. Ext.A1 is the Constitution adopted. In the year 1966 one suit, viz. O.S. No.118/1966 was filed before the Sub Court, Kottayam by one Shri P.I. Thomas as plaintiff for a declaration of the plaintiff's title to and possession of the suit properties in his capacity as trustee of the Vanitha Mandiram Trust and for recovery of money stolen from the Bhandaram of the trust. The said suit was disposed of by judgment dated 3.1.1970 in favour of the plaintiff. The fourth defendant therein was Rev. Mar Climis Metropolitan. By the said judgment, defendants 1 to 6 and 8 onwards were restrained from trespassing upon any portion of the suit properties or in any way interfering with plaintiff's right to administer the institution and its properties in his capacity as the trustee of the institution. An appeal was filed before this Court as A.S. No.138/1970 by judgment dated 10.7.1975, wherein the decree was confirmed with slight modification.

(3.) DEFENDANTS 1 to 3 and the 4th defendant have filed separate written statements. Various contentions have been taken therein.