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 due to the vicars. It is also alleged by the petitioners that later in the year 1084 ME, a partition deed was executed in the family by which a trust was constituted in respect of the properties described in schedule A to the Original Petition including the property in which the church building referred to above was constructed, for the maintenance and upkeep of the church and its assets, for the spiritual benefit of the members of the family as also the members of other families who have entrusted properties to the family of the petitioners for the said purpose. According to the petitioners, the said trust is a public trust of religious and charitable nature and the members of the family of the petitioners and other persons in the locality who belong to Syro Malabar Church are its beneficiaries. It is alleged by the petitioners that later two chapels were also established in portions of properties covered by the partition deed. It is also alleged by the petitioners that the intention of the authors of the trust was that the eldest members of the two branches of the family, one from each, were to be the trustees/kaikars for the management and supervision of the trust properties during their life time and thereafter their successors from each branch successively are to administer and manage the trust and the trust properties. It is further alleged by the petitioners that in course of time, the properties included in schedule C to the Original Petition have been acquired by the trust and it had established various educational institutions therein also including a High School. According to the petitioners, unlike other Roman Catholic Churches, St. Raphael's Church, the chapels and the institutions attached to the same constitute a public charitable trust.

3. The first respondent in the proceedings is the major Arch Bishop of Syro Malabar Church of Ernakulam- Angamaly Arch Diocese and the second respondent is the Vicar General under the first respondent. The third respondent is the Vicar of the St.Raphael's Church deputed by the first respondent. According to the petitioners, respondents 1 to 3 do not have any right over the plaint schedule properties and the church and the institutions attached to it except over the spiritual matters concerning the church and the plaint schedule properties including the chapels and the institutions attached to the same are to be managed by the trustees/kaikars of the church. It is alleged by the petitioners that respondents 1 to 3 are pretending that the ownership of the properties of the trust as also the institutions attached to the same vest in the first respondent; that they have absolute control not only over the spiritual matters concerning the church, but also over its temporal matters and that the kaikars/truste