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2004 Supreme(Ker) 485

P.R.RAMAN
St. John’s Jacobite Syrian Church – Appellant
Versus
Fr. John Moolamattom – Respondent


Judgment :-

P.R. Raman, J.

Defendants are the petitioners. The suit O.S.35/2002 was instituted by the respondent herein as plaintiff for a permanent prohibitory injunction against defendants 2 to 9 or anybody else claiming under them from interfering with the plaintiffs rights to discharge the duties of parish priest of the first defendant church including conducting Holy Mass and discharging all other religious functions of the said Church and all its institutions, in pursuance of the memorandum of understanding dated 23.1.1999 and in pursuance of Kalpana No. 19 of 2002 dated 17.8.2002 of Metropolitan of Kandanadu Diocese East appointing the plaintiff as Vicar of 1st defendant church.

2. The plaintiff claimed to be the Assistant Vicar of the first defendant church. According to the plaint allegations, at the time Of his appointment, the Vicar of the church was one Rev. Fr. Mary Das Stephen, that there was some dispute regarding the latters continuance as Vicar which eventually led to a law and order situation, that the RDO interfered and mediation talks were held and a Memorandum of understanding was reached whereby the plaintiff was authorized to discharge all the religious functio





















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