2011, ഒക്‌ടോബർ 19, ബുധനാഴ്‌ച

High Court Division Bench rejected the petition filed by IO Church for Kothamangalam Church



1] A petition filed by the vOrthodox Church as an Execution Petition with
respect to the Kothamangalam Cheriapally was dismissed by the Single Judge of
Kerala High Court today,

2] The Contention raised was that the Supreme Court of India confirmed the
Judgement and Decree of the Division Bench of Kerala High Court dated f 1.6.1990
which decreed the suit, O S No 1 of 1979 against the Kothamangalam Cheriapally.

3] Accordingly, it was prayed that the decree of the Division Bench of High
Court Of Kerala dated 1.6.1990 should be executed by attaching the properties of
the committee members and trustees and also by putting them in jail,

4] The case had several rounds. The earliest order was by Justice V.Ramakumar
holding that the decree of the Division Bench has merged into the decree of the
Supreme Court of India,

5] Now in this final order, Justice Bhavadasan has Categorically held that the
decree of the Division Bench of Kerala High Court does not exist anymore because
it has merged into the decree of the Supreme Court of India. As such, the
petition to execute the decree of the Division Bench is not maintainable.
Accordingly, the execution petition by the Orthodox Church has been dismissed.

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