FR ISSAC MATTAMMEL COR-EPISCOPA Vs. ST MARYS ORTHODOX SYRIAN CHURCH
LAWS(SC)-2019-9-47
SUPREME COURT OF INDIA (FROM: KERALA)
Decided on September 06,2019

Fr Issac Mattammel Cor-Episcopa Appellant
VERSUS
St Marys Orthodox Syrian Church Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) It passes comprehension that how the judge has passed the impugned interim order which runs expressly contrary to the decision of this Court in K.S. Verghese v. St. Peters & St. Pauls Syrian Orthodox Church & Ors., 2017 15 SCC 333. This Court has passed several judgments and orders to the effect that no such interference can be made by any court after the decision has been rendered by this Court in a representative suit which is binding on all concerned and it is the constitutional duty of all concerned to obey the judgment and order of this Court. As per Article 141 of the Constitution of India, the law declared by this Court is binding on all courts and under Article 144, civil and judicial authorities within the territory of India shall act in aid of Supreme Court. Kerala being Indian Territory all concerned are bound to act accordingly. We have intended peace to come in Church but due to such orders passed in contravention of law laid down by this Court law can never be obeyed. This amount to a violation of judgment and order. The High Court has passed an interim order in violation of the judgments and orders passed by this Court. We are not able to understand what kind of judicial discipline is reflected while passing the impugned order, which should not have been passed at all. We restrain all the Civil Courts and the High Court in Kerala not to pass any order in violation of the mandate of this Court's decision in K.S. Varghese (supra).
(3.) The appeal arises out of the suit, pending before the High Court, is disposed of in terms of the decision passed by this Court in K.S. Varghese (supra) as there is no scope left for further litigation on the issue. The High Court has no right to tinker with the judgment and order passed by this Court which is binding and the judicial propriety has to be maintained at all costs. There is no scope for further litigation in the matter which we have concluded. We direct the Courts to decide all pending matters following the aforesaid decision which has been affirmed thereafter by umpteen number of times.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.