P.V. JACOB Vs. FR. K.T. PHILIP

JUDGEMENT

(1.) The petitioners herein are respondents 1 to 7 and 9 in I.A. No.5467 of 2015 in O.S. No.29 of 2014 on the files of II Additional District Court, Ernakulam. They are defendant Nos.1 to 7 and 10 in the said suit. The 8th respondents herein are the petitioners and the respondent in the Interlocutory Application and plaintiffs and defendant No.8 in the suit, respectively. This Original Petition (Civil) is filed, challenging the legality and correctness of Ext.P7 order passed in I.A. No.5467 of 2015 in the aforesaid Original Suit.

(2.) According to the respondents, the administration of the Church was entrusted with the Committee and the Trustee elected in accordance with the 1934 Constitution. Thereafter, no election was conducted and the Trustee elected as per order in I.A. No.2321 of 1994 continued the administration of the Church. Various misappropriation of the assets of the Church has been done by the 6th respondent, claiming to be the Trustee, on the basis of the orders of this Court. Respondents 1 to 3, 6 and 7 and other parishioners belong to the erstwhile patriarch faction in the disputed Church clandestinely created Trust deed dated 03.10.2012, without any right or authority, with a view to take over the assets of the Church. Under the guise of Trust deed, the respondents are misappropriating the funds of the Church. The account is held in the name of M/s. Cherai St.Mary's Jacobite Syrian Orthodox Church Trust and the respondents are misappropriating the entire income of the Church.

(3.) It is specifically averred that respondents 1 to 9 and their henchmen are trying to remove the records and the valuable ornaments kept in the strong room of the Church. According to the respondents, in the above circumstances, it is necessary to depute an Advocate Commissioner to prepare an inventory of the articles kept in the mempoottu (the strong room) and the iron safe of the Church based on the list of articles received by the 6th respondent from the earlier Trustee.