A petition filed by the Malankara Orthodox Church as an Execution Petition with respect to the Kothamangalam Cheriapally was dismissed by the Single Judge of Kerala High Court yesterday. The Contention raised by the Orhtodox Church 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.
Accordingly, it was also 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 of the Parish and also by putting them in jail. The case had several rounds and 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
In the final order released yesterday, 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 and accordingly, the execution petition by the Malankara Orthodox Church has been dismissed.
