Kerala High Court
Manju Mary Mathew vs Church Of South India Trust ... on 7 April, 2021
RSA 337/2020 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present:
THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
Wednesday,the 7th day of April 2021/17th Chaithra, 1943
IA.1/2021 IN RSA.337/2020 (F)
For information purpose only
AS No.7/2017 of the ADDITIONAL DISTRICT COURT- I, KOTTAYAM
OS No.292/2010 of the PRINCIPAL MUNSIFF COURT , KOTTAYAM
PETITIONERS/APPELLANTS:
1. MANJU MARY MATHEW,,AGED 36,
W/O.BIJU M.PAUL, MANAKKALAPARAMBIL HOUSE, PIRAVAM P.O.,
PIRAVAM VILLAGE.
2. RENJU RAIMOL MATHEW,,AGED 38,
W/O.AJI ANTONY, VALLOMPARAMBIL, CHANNIKKADU KARA,
PANACHIKKADU VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT.
RESPONDENTS/RESPONDENTS:
1. CHURCH OF SOUTH INDIA TRUST ASSOCIATION
A NON-TRADING COMPANY REGISTERED UNDER INDIAN COMPANIES
ACT, HAVING ITS REGISTERED OFFICE AT CHENNAI AND IS REPRESENTED
BY ITS PRESENT POWER OF ATTORNEY HOLDERS.
1.REV.DR.SABU K.CHERIAN, AGED 55, S/O.CHERIAN, TREASURER,
MADHYA KERALA DIOCESE, CSI DIOCESAN OFFICE, CATHEDRAL ROAD,
KOTTAYAM AND
2.REV.DR.OOMMEN GEORGE, AGED 60, S/O.GEORGE, CLERGY SECRETARY,
MADHYA KERALA DIOCESE, CSI DIOCESAN OFFICE, CATHEDRAL ROAD,
KOTTAYAM.
2. ST.STEPHEN'S CSI CHURCH,
VELLOOTHURUTHY, REPRESENTED BY REV.ALEXANDER CHERIAN, AGED
61, S/O.CHERIAN, VICAR, ST.STEPHEN'S CSI CHURCH, VELLOOTHURUTHY.
Application praying that in the circumstances stated in the affidavit filed therewith the
High Court be pleased to stay all execution proceedings arising out of the Decree and
Judgment in OS.No.292/2020 on the file of the Principal Munsiff's Court, Kottayam, pending
disposal of the above Appeal,
RSA 337/2020 2/4
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.S.REGHUNATH,
Advocate for the petitioners and of M/S ABRAHAM GEORGE JACOB,
For information purpose only
C.MURALIKRISHNAN (PAYYANUR), Advocates for the respondent No.1, the court passed
the following:
N. ANIL KUMAR, J.
-------------------------------------------
R.S.A.No.337 of 2020
---------------------------------------------
For information purpose only
Dated this the 7th day of April, 2021
ORDER
Heard the learned counsel for the appellants and
the learned counsel for the respondents.
2. This RSA is admitted on the following
substantial questions of law.
(i) Whether the plaintiffs have not executed a
decree for recovery of possession in
accordance with law and if so, are not the
plaintiffs entitled to file a second suit after
33 years for the very same relief as the
decree operates as res judicata?
(ii) Is not the title of the plaintiffs barred by
adverse possession since 10.01.1967?
(iii) When the plaintiffs have abandoned a decree
for recovery of plaint schedule property, are
they entitled to file a suit for recovery
RSA337/ 2020
..2..
simplicitor without a prayer for declaration as
For information
contemplated purpose
under Section 34 only
of the
Specific Relief Act?
(iv) Have not the plaintiffs deliberately omitted to
pray for declaration of their title as the same
is hopelessly barred by limitation?
Call for the records.
I.A.No.1/2021
Heard the learned counsel for the
petitioners/appellants and the learned counsel for the
respondents/respondents.
All execution proceedings arising out of the
judgment and decree in O.S.No.292/2020 on the file of
the Principal Munsiff Court, Kottayam, stands stayed for a
period of three months.
Post the RSA on 23.06.2021.
Sd/-
N. ANIL KUMAR,
JUDGE
kkj
/true copy/ Sd/- ASSISTANT REGISTRAR
