St.Marys Ferona Church vs Mathew

Citation : 2022 Latest Caselaw 8561 Ker
Judgement Date : 6 July, 2022

Kerala High Court
St.Marys Ferona Church vs Mathew on 6 July, 2022
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                               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                                PRESENT
                                THE HONOURABLE MRS. JUSTICE M.R.ANITHA

                         Wednesday, the 6th day of July 2022 / 15th Ashadha, 1944
                                   IA.NO.2/2022 IN EX.SA NO. 5 OF 2020
                       AS 121/2014 OF ADDITIONAL DISTRICT COURT, IRINJALAKUDA
            EA.1112/2006 IN EP 340/2004 IN OS 230/2002 OF PRINCIPAL SUB COURT,IRINJALAKUDA
   PETITIONER/APPELLANT/APPELLANT/PETITIONER/THIRD PARTY OBSTRUCTOR:

           ST.MARY'S FERONA CHURCH,CHALAKUDY, REPRESENTED BY ITS PRESENT VICAR REV.FR.JOSE
           PALATTY, AGED 67, S/O. MATHUNNI, CHALAKUDY P.O, KIZHAKKE CHALAKUDY VILLAGE,
           MUKUNDAPURAM TALUK, THRISSUR DISTRICT 680 307

   RESPONDENTS/RESPONDENTS/RESPONDENTS/RESPONDENTS/PLAINTIFF AND THE DEFENDANT/DECREE
   HOLDER AND THE JUDGMENT DEBTORS:

       1. MATHEW, AGED 89 , S/O. MATHAI, KARAKUNNEL HOUSE, KALLURKARA VILLAGE DESOM,
          MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT 686 661.(died)
       2. KOCHUPOLY, AGED 64, S/O. AUGUSTHY, KUTTICHAKU HOUSE, NEAR HIGH SCHOOL GROUND,
           CHALAKUDY DESOM, KIZHAKE CHALAKUDY VILLAGE, MUKUNDAPURAM TALUK, THRISSUR
           DISTRICT 680 307.
       3. GEORGE, AGED 62, S/O. AUGUSTHY, KUTTICHAKU HOUSE, RESIDING AT HOUSE NO. 23/1296,
           SANISH VIHAR, NEAR GAGASH KALA SAMITHI, THORUVANTHAT NADA DESOM, KOZHIKODE
           VILLAGE TALUK, KOZHIKODE DISTRICT 673 003.
       4. LILLY, AGED 60 , D/O. KUTTICHAKU AUGUSTHY, PUTHUPARAMBU, KIZHAKE CHALAKUDY
           VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT 680 307
       5. SUNNY, AGED 58 , S/O. AUGUSTHY, KUTTICHAKKU HOUSE, POLICE STATION ROAD, OTTAPALAM
           VILLAGE DESOM, OTTAPPALAM TALUK, PALAKKAD DISTRICT-679 101
       6. MARY JOSE, AGED 54 , D/O. KUTTICHAKU AUGUSTHY, W/O. JOSE, KURUVITHADAM HOUSE, A/C
           ROAD, MUVATTUPUZHA VILLAGE DESOM, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT 686
           661
       7. ROSY JOY, AGED 52 , D/O. KUTTICHAKU AUGUSTHY, W/O. JOY, MAZHUVANCHERY HOUSE,
           THOTTUKARA DESOM, ALWAYE VILLAGE , ALWAYE TALUK, ERNAKULAM DISTRICT 683101
       8. LUCY KURUVILA, AGED 48, D/O. KUTTICHAKU AUGUSTHY, W/O. KURUVILA , RESIDING AT
           ELINJIKAL HOUSE, KALOOR DESOM, ERNAKULAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM
           DISTRICT 680 017.
       9. SUNNY ,S/O.MATHEW, KARAKUNNEL HOUSE,KALLURKARA VILLAGE DESOM,MUVATTUPUZHA
           TALUK,ERNAKULAM DISTRICT-686 661.(SOUGHT TO BE IMPLEADED)
     10. ALICE ,D/O.MATHEW, KARAKUNNEL HOUSE,KALLURKARA VILLAGE DESOM,MUVATTUPUZHA
           TALUK,ERNAKULAM DISTRICT-686 661.(SOUGHT TO BE IMPLEADED)
     11. SIMON ,S/O.MATHEW, KARAKUNNEL HOUSE,KALLURKARA VILLAGE DESOM,MUVATTUPUZHA
           TALUK,ERNAKULAM DISTRICT-686 661.(SOUGHT TO BE IMPLEADED)
     12. JOSE,S/O.MATHEW, KARAKUNNEL HOUSE,KALLURKARA VILLAGE DESOM,MUVATTUPUZHA
           TALUK,ERNAKULAM DISTRICT-686 661.(SOUGHT TO BE IMPLEADED)
     13. SOPHI,D/O.MATHEW, KARAKUNNEL HOUSE,KALLURKARA VILLAGE DESOM,MUVATTUPUZHA
           TALUK,ERNAKULAM DISTRICT-686 661.(SOUGHT TO BE IMPLEADED)
     14. SOPHIMOL,D/O.MATHEW, KARAKUNNEL HOUSE,KALLURKARA VILLAGE
           DESOM,MUVATTUPUZHA TALUK,ERNAKULAM DISTRICT-686 661.(SOUGHT TO BE IMPLEADED)

          Application praying that in the circumstances stated in the affidavit filed therewith the High
   Court be pleased to revive and extend the stay granted as per the order dated 08.04.2021 in the
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   above execution second appeal, by a reasonable period as may be fixed by this Hon'ble Court in the
   interest of justice.
           This Application coming on for orders upon perusing the application and the affidavit filed in
   support thereof, and upon hearing the arguments of SRI.G.SREEKUMAR (CHELUR), Advocate for the
   petitioners, SRI.DEEPU LAL MOHAN, Advocate for the 1st Respondent and of SRI.T.N.MANOJ Advocate
   for the 2nd respondent, the court passed the following:
                                                    ORDER

Heard. Allowed.

Interim order already granted is revived and extended until further orders.

Sd/- M.R.ANITHA JUDGE 06-07-2022 /True Copy/ Assistant Registrar