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2016 Supreme(Ker) 334

P.B.SURESH KUMAR
MAJOR ARCBISHOP, ANGAMALY ERNAKULAM – Appellant
Versus
P. A. LALAN THARAKAN – Respondent


Advocates Appeared:
For the Appellant : Advs. Sri. Varghese C. Kuriakose Sri. John Joseph Vettikad Sri. C. Joseph Johny
For the Respondent:R1 TO R3 By Sri. S. Sreekumar (Senior Advocate) By Sri.Renjith Thampan (Senior Advocate) By Advs. Sri. N. Subramani Am Sri. M.S.Narayanan Sri. P.T. Girijan Smt. Usha Narayanan Sri. P.Martin Jose

ORDER :

Respondents 1 to 3 in a proceedings for leave to institute a suit under Section 92 of the Code of Civil Procedure ('the Code') have come up in this Civil Revision Petition challenging the decision of the court below in granting the leave sought by the petitioners in the proceedings.

2. The petitioners in the proceedings before the court below are members of a Christian family known as Parayil family, originally settled at Thaikkattussery. About a century and half ago, one branch of the said family migrated and settled at Ezhupunna. The members of the said family were believers of St.Thomas and belong to the church established by St.Thomas known as Syro Malabar Church. According to the petitioners, there was no church at Ezhupunna at the relevant time and consequently, the members of the family had established a church in the year 1859 in a property owned by them for their spiritual benefit as also for the spiritual benefit of other Christians in the locality who were following the same faith. It is alleged by the petitioners that the members of their family have been meeting all expenses for the maintenance of the said church namely St.Raphael's Church, including the payments

















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