This posting is in responce to the postings of Mar Militious of MOSC in their forums regarding judgements in two churches namely Nechoor church in Ernakulam district and Vattai church in trichur district.
As you all know the case of Nechoor church was disposed by the HC against the orthodox church. The reason was that the suit itself is not maintainable under section 92 of CPC. When a case against a public trust is framed prior sanction under sec 92 of CPC have to be obtained from the Principle district Judge( Not even an additional district judge). In this case they didnt do it in 1974 and the HC dismissed the case as not maintainable, after a long 35 years.There is some twenty odd cases pending in HC on the same lines for churches like mulamthuruthy, kanjiramattam, chathamattam, kurinji etc.
Now Mar Militious is unhappy because he sees a lot of jubilation among "Association Church people". (He forgets the fact that by the same yardstick he himself belongs to another association church)
I dont think that there is any kind of jubilation among jacobites. The only feeling will be relief because of the fact that one church have escaped from devalokam.
But it is for Mar Militius and his church to think where these cases will lead them.
35 years was wasted by nechoor church to satisfy the power hungry gluttons of devalokam supported by a mere handfull of parishners of nechoor church. (This church is my parent church. My forefathers shifted to arakunnam church when it was built and my family members are still there in nechoor)
The amount of money spent would have built at least 15 nechoor churches... And the only matter for jubilation is that there is a change in attitude in certain sections of that hand full of mosc believers in nechoor...
So what is the next step of MOSC in nechoor. Either file an appeal in SC or file a fresh suit after getting relief under sec 92. Both these ways will only result in decades long court fight spending more money....
And even after that God only knows if there are some other sections presently hiding, which will come out at a later stage...
And now regarding the judgement of Vattai church by the munsif court in trichur...
Mar Militious have stated that its a "Historic Judgement"....
Dear Bishop, Historic Judgements do not come from munsifs court. It comes from Courts which doesnt have an appeals court over them. In our case, the SC ( You yourself got one in 1995 of which you were very happy but even after 14 years you are still struggling to "execute" it )
Most respected Mar Militious conveniently hide the fact that the vattai church case is in the same line as nechoor church case. That is, you havent taken relief under section 92. So probably by 2030 after a tedious journey from munsifs court to HC through the district court, the HC may find that the suit is not maintainable.
So much to speak of His "Historic Judgement".
MOSC have to think where these cases will lead them.... If at all there will be an end to it.... Iam of the firm belief that cases are still not over only because of the cross jumber Bishops...
St George, Arakunnam