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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Easwaran S., J
JIBU MATHEW – Appellant
Versus
ST.MICHAELS CHURCH – Respondent
| Table of Content |
|---|
| 1. overview of appeals and church history. (Para 1 , 2) |
| 2. st. michaels church's argument regarding the revocable license. (Para 3) |
| 3. trial court findings on license and injunction. (Para 4 , 5) |
| 4. defendants' argument for an irrevocable license. (Para 6 , 7 , 8) |
| 5. substantial questions of law identified. (Para 11 , 12) |
| 6. church representation by the vicar in legal matters. (Para 16 , 18) |
| 7. sequence of events leading to license agreement. (Para 21 , 22) |
| 8. nature of the license as revocable. (Para 23 , 24 , 25) |
| 9. analysis of byelaw and implications on license. (Para 27 , 29) |
| 10. final ruling on the license nature and costs. (Para 30 , 31) |
JUDGMENT
These three appeals arise out of the concurrent findings of the Additional Munsiff’s Court, Alappuzha, in judgment and decree dated 23.9.2009 in OS Nos.252/2004 and 802/2003 and that of the Additional District Court, Alappuzha, in judgment and decree dated 28.2.2013 in AS Nos.119/2009, 120/2009 and 121/2009.
2. The brief facts necessary for the disposal of the appeals are as follows:
St.Michaels Church is a Roman Catholic Church under the Arch Diocese of Changanacherry. Under the St.Michaels Church, an unregistered associatio
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