FR. GEORGE PATTLATT Vs. JOSHY ABRAHAM

JUDGEMENT

(1.) The petitioners are defendants 12 and 13 respectively in O.S.No.12/2010 on the file of the 1st Additional District Court, Ernakulam. The said original suit is one filed by respondents 1 to 9 herein seeking a declaration that Odakkaly St.Mary's Church is a parish church of the Jacobite Syrian Christian Association administered by its Constitution adopted in the meeting of the Jacobite Syrian Christian Association held on 6.7.2002 by plaintiffs 1 to 3 and their successors. The plaintiffs have also sought for a declaration that the judgment and decree in O.S.No.40 of 1997 on the file of the 1st Additional District Court, Ernakulam, is not binding on the Odakkaly St.Mary's Church, its assets, its institutions and parishioners; and also a permanent injunction restraining defendants 1 to 4, 8 to 11, their successors in office, agents and men from interfering with the management, administration and conduct of religious services in the plaint schedule Church by plaintiffs 1 to 3 and their successors in office, in accordance with the Constitution of the Jacobite Syrian Christian Association.

(2.) The petitioners herein, who are stated to be the Vicar and Assistant Vicar respectively of St.Mary's Church, Odakkaly, filed I.A.No.4364/2017 (Ext.P9) before the court below seeking an order allowing them and the family members of deceased Eliyamma Varghese, Thekkummattathil House, Ashamannoor, to conduct 30th and 40th day prayers in connection with her death at the cemetery and tomb of the plaint schedule Church and in the plaint schedule church on 19.9.2017 and 29.9.2017 respectively between 7.00 am to 10.00 am, in accordance with the religious rites prevailing in Malankara Orthodox Syrian Church, and also to restrain respondents 1 to 7, 17, 23 to 25 therein from causing any obstruction to the same. The petitioners have also sought for an order directing the Circle Inspector of Police, Kuruppumpady, to render necessary assistance to facilitate the same.

(3.) The reliefs sought for in I.A.No.4639/2017 were opposed by respondents 1 to 5 and 7 to 9 therein by filing Ext.P10 counter affidavit.