R. Banumathi, J. - (1.) Suit O.S. No.187 of 1977 was filed by appellant No.1/Metropolitan of Quilon Diocese of the Malankara Orthodox Syrian Church and appellant No.2/Vicar appointed by him for St. Mary's Church, Kattachira. Defendants/respondents in the suit represent the Parishioners of the Church. Plaintiffs/appellants inter alia prayed for a declaration that the Quilon Metropolitan and the Vicars appointed by him have exclusive right to conduct religious services in the plaint church, Cemetery and Kiurisumthotty and prayed for prohibitory injunction restraining the defendants and others who do not obey the plaintiffs/appellants from entering the plaint church and plaint schedule properties.
(2.) Case of the appellants is that as per Ext.-A3 (original of which is Ext.-B19) assignment-cum-gift deed dated 29.06.1972, the first defendant C.K. Koshy assigned the plaint properties along with the church and cemetery etc. situated thereon, to the Metropolitan, Quilon Diocese and that they are entitled to conduct religious services and to manage the church and its properties. The Parishioners who question such authority are not entitled to hold any office as members of the Church Committee or to enter the church.
(3.) Defendants/Respondents who are said to be the representatives of the Parishioners contended that the Church was founded with the object of conducting religious services by religious dignitaries who possess the spiritual grace transmitted from the Patriarch of Antioch and all the East, for the benefit of the Parishioners. The church and its properties constitute a trust and can be used only for the purpose for which it was founded. The respondents/defendants contended that the plaintiffs/appellants have repudiated and defied the spiritual powers of the Patriarch and the appellants/plaintiffs are not entitled to conduct any religious services in the plaint church. According to them, the plaint church is administered under the Constitution framed by the Parishioners marked as Ext.-B9 dated 23.01.1959 and no priest can function in the church without the consent of the Parishioners.;