JOHNSON KURIAKOSE Vs. FR THOMAS PAUL RAMBAN

JUDGEMENT

(1.) This original petition under Article 227 of the Constitution of India is filed by the 8 th defendant in O.S.No.162 of 2018 before the Munsiff's Court, Muvattupuzha, challenging Ext.P7 order passed by the learned Munsiff on I.A.No.2738 of 2018. As per the above application, enforcement of an order of temporary injunction passed on I.A.No.830 of 2018 in the above suit is sought by providing police protection to the plaintiff/1st respondent.

(2.) 1 st respondent is the plaintiff and the respondents 2 to 7 are the defendants 2 to 7 in the above suit. It is the case of the plaintiff that he is the vicar of the 1st defendant church appointed on 16.08.2017 by the Metropolitan of Angamali Diocese of Malankara Orthodox Syrian Church (in short, Malankara Church). 1st defendant church, viz., Marthomman Cheriya Palli, Kothamangalam is a constituent parish church of Malankara Church. The church is to be governed by 1934 constitution of Malankara Church. It is the case of the plaintiff that Malankara Churches follow Orthodox Syrian faith from the time of its establishment. Malankara Church was accepting the spiritual leadership of the Catholicos of East. In 1972, the relationship between the Patriarch of Antioch and the Catholicos was strained. Thereafter slew of litigations were fought between the two rival groups in the Malankara Church. The decrees passed by this Court in O.S.No.1 of 1979 and other cases were taken to the Supreme Court and finally in 1995, the Supreme Court decided the cases declaring the law binding on the parish churches in the fold of Malankara Church. Plaintiff contended that recently also the Supreme Court re-affirmed the judgment rendered by it in the year 1995.

(3.) Defendants 2 to 9 are members of Jacobite faction in the Malankara Church and they functioned under a constitution called "Jacobite Syrian Christian Sabha, 2002". They are not appointed as per 1934 constitution and they have no right to act as vicars and assistant vicars of the 1st defendant church. Therefore, the plaintiff sought for the following reliefs against defendants: