(1.) This appeal arises out of an order in I. A. 1969/2004 in O. S.6/1985 dated 17.7.2004 on the file of the 1st Additional District Court, Ernakulam.
(2.) Appellants are defendants 16, 33, 4, 34, 39, 41, 46 and 47 in the suit and respondents in I. A. 1969/2004. The only respondent herein is the 53rd defendant who is the petitioner in the said I. A. He filed I. A. 1969/2004 before the Court below under O.39, R.1 read with S.151 of the Code of Civil Procedure praying for an order of temporary injunction restraining the 16th defendant and anybody else claiming under him from issuing any kind of notice or Marriage Deshakuri or like certificates and from representing themselves as the Vicar of the Piravom Valiyapalli and acting as such or doing any kinds of acts or deeds claiming the 16th defendant as the Vicar of the Piravom Valiyapalli and also from convening or conducting any meeting representing any one else other than the respondent herein who is the Vicar of the Piravom Valiyapalli till the disposal of the suit.
(3.) The suit was one filed by the plaintiff for a declaration that Piravom St. Mary's Orthodox Syrian Church also known as Piravom Valiyapalli and its assets described in the plaint schedule are to be administered under the constitution of Malankara Orthodox Syrian Church originally passed on 26.12.1934 and as amended subsequently under Metropolitans, priests and other religious dignitaries and office bearers appointed and functioning under the said constitution. The cause of action for the suit alleged is that defendants 1 to 18, 26 to 28 and others caused obstruction to the worship of the plaintiffs under the 1934 constitution in the plaint Church and acted in violation to the right of the plaintiffs.