In the appeal, the petitioners contended that the single-judge failed to take note of the fact that several orders have been passed by the Kerala High Court itself to enforce the judgment in KS Varghese.
It was argued that while the reliefs sought by the respondent Orthodox faction have been granted by the Kerala High Court based on KS Varghese invoking the jurisdiction under Article 226 of the Constitution, those sought by the appellant-Jacobite faction based on the same judgment have been denied.
“If the impugned judgment is allowed to stand, those who violate the judgment in K.S.Varghese case stand to gain and those who pointed out the violation and approached the court to set right the violation stand to lose“, the appeal stated.
Therefore, the appellants sought orders to set aside the single-judge’s decision and restraining the new Catholicose from exercising spiritual, ecclesiastical and temporal powers in the capacity of Catholicose of the Malankara Orthodox Syrian Church as his consecration is in violation of the judgment of the Supreme Court in the Varghese case.
Source: Barandbench
