Kerala High Court
Rev.Fr.Mathew Palikkattu vs Thoonkuzhiyil Mariyamma ... on 27 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
FRIDAY, THE 27TH DAY OF AUGUST 2021 / 5TH BHADRA, 1943
RSA NO. 770 OF 2020
AGAINST THE JUDGMENT AND DECREE DTD.30.9.2000 IN AS
23/2019 OF SUB COURT,KATTAPPANA ARISING FROM THE JUDGMENT
AND DECREE DTD.20.5.2019 IN O.S.NO.127/2015 OF MUNSIFF'S
COURT, KATTAPPANA]
APPELLANTS/APPELLANTS/DEFENDANTS 1 TO 6:
1 REV.FR.MATHEW PAIKKATTU,
AGED 68,
S/O.LUKA, PRESENT ADDRESS, AMAL JYOTHI COLLEGE
OF ENGINEERING, KOOVAPPALLY VILLAGE,
KANJIRAPPALLY TALUK, KOOVAPPALLOY P.O.,
KOTTAYAM DISTRICT - 686 518.
2 REV.FR.JAMES MATTAMUNDAYIL,
AGED 44,
S/O.SEBASTINE, ST.ANTONY'S CHURCH, VALLAKADAVU,
KADAMAKUZHY P.O., KATTAPPANA VILLAGE, IDUKKI
DISTRICT - 685 515.
3 REV.FR.JOHN VETTUVAYALIL,
AGED 69,
S/O.AVIRA CHACKO, ST.EPHREMS CHURCH,
CHIRAKKADAVU VILLAGE, KANJIRAPPILLY TALUK,
KOTTAYAM DISTRICT - 686 506.
4 REV.FR.ANTONY MANIYANGATTU,
AGED 56,
S/O.JOSEPH, ST.MARY'S FORANE CHURCH, UPPUTHARA
VILLAGE, UPPUTHARA P.O., IDUKKI DISTRICT -685
505.
5 K.C.DOMINIC
AGED 63,
S/O.CHERIAN, KARIPPAPARAMBIL HOUSE,
KUNNUBHAGAM, KANJIRAPPALLY P.O., KOTTAYAM
DISTRICT - 686 507.
6 T.T.JOSE,
AGED 67,
S/O.THOMAS, THACHEDATH HOUSE, VANDANMEDU P.O.,
IDUKKI DISTRICT - 685 551.
BY ADV G.SREEKUMAR (CHELUR)
R.S.A.No. 770 of 2020
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RESPONDENTS/PLAINTIFFS AND 7TH DEFENDANT:
1 THOONKUZHIYIL MARIYAMMA MEMMORIAL CHARITABLE
TRUST,
ANAKKARA, REPRESENTED BY ITS SECRETARY, ABRAHAM
MATHEW, AGED 60, S/O.MATHEW, NEDUMTHAKIDIYIL
HOUSE, ANAKKARA P.O., ANAKKARA VILLAGE DESOM,
IDUKKI DISTRICT - 685 512.
2 RE.FATHER JOSEPH THOONKUZHY
AGED 89, S/O.CHACKO, RESIDING AT GREEN HAVEN,
ANAKKARA P.O., ANAKKARA VILLAGE DESOM, IDUKKI
DISTRICT - 685 512.[DIED AND 3RD RESPONDENT
IS THE LEGAL HEIR AS PER MEMO IN RSA 770/20]
3 RE.SR.ASSUMPTA
MSJ, AGED 75, RESIDING AT ST.JOSEPHS CONVENT,
DHARMAGIRI, KOTHAMANGALAM VILLAGE DESOM,
KOTHAMANGALAM P.O., IDUKKI DISTRICT - 686 691.
4 SR.RANI MSJ
AGED 62,
RESIDING AT ST.JOSEPH'S CONVENT, DHARMAGIRI,
KOTHAMANGALAM VILLAGE DESOM, KOTHAMANGALAM P.O.,
IDUKKI DISTRICT - 686 691.
*5 FR.SEBASTINE ARACKAL,
ST.ANTONY'S SCHOOL, ANAKKAL, KANJIRAPPALLY P.O.,
KOTTAYAM DISTRICT - 686 507.
* R5 IS REMOVED FROM THE PARTY ARRAY AS PER
ORDER OF THIS COURT IN I.A.NO.1 OF 2021 VIDE
JUDGMENT DATED 27/08/2021
BY ADVS.
P.B.KRISHNAN FOR R1 & R3
SRI.MANU VYASAN PETER
THIS REGULAR SECOND APPEAL HAVING COME UP FOR
ADMISSION ON 26.08.2021, THE COURT ON 27.08.2021
DELIVERED THE FOLLOWING:
R.S.A.No. 770 of 2020
..3..
J U D G M E N T
This appeal is directed against
the judgment and decree in A.S.No.23/2019
dated 30.9.2020 on the file of the Sub
Court, Kattappana (hereinafter referred to
as 'the first appellate court')arising from
the judgment and decree dated 20.5.2019 in
O.S.No. 127/2015 on the file of the
Munsiff's Court, Kattappana (hereinafter
referred to as 'the trial court').
2. The defendants 1 to 6 in the
suit are the appellants. The alleged
dispute in the case is regarding the
management of the society. The plaintiffs
have filed the suit seeking a declaration
that the defendants have no right in the
R.S.A.No. 770 of 2020
..4..
management of the society. Other reliefs
are also sought for. The trial court
dismissed the suit. Although an appeal was
filed, the first appellate court dismissed
the appeal confirming the judgment and
decree of the trial court. Hence, this
Second Appeal.
3. When the above appeal came up
for hearing, on request, the parties were
referred for mediation to the District
Mediation Centre, Kottayam. In the course
of mediation, the parties have resolved
their dispute and have agreed to settle the
dispute by the memorandum of agreement
dated 1.3.2021.
4. Pending appeal, the second
R.S.A.No. 770 of 2020
..5..
respondent herein- Re Father Joseph
Thoonkuzhy died. The third respondent
herein Re Sr.Assumpta is the legal
heir/legal representative of the second
respondent. Hence, the learned counsel for
the appellant filed a memo to record the
same. The above memo is recorded. Learned
counsel for respondents 1 and 3 filed a
memo before this Court stating that Re
Sr.Asumpta respondent No.3 in the above
second appeal is the present Chairman of
the Thoonkuzhiyil Mariamma Memorial
Charitable Trust. It is stated that the
trust has agreed for mediation agreement on
behalf of the trust and the said mediation
agreement binds the Thoonkuzhiyil Mariamma
R.S.A.No. 770 of 2020
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Memmorial Charitable Trust. It is further
stated that the present Chairman and
General Body of the Trust have no objection
to pass a decree in terms of the mediation
agreement. The above memo filed by the
learned counsel for respondents 1 and 3 is
also recorded.
4. The respondent No.5 is not a
signatory in the compromise. Learned
counsel for the appellant filed an
application (I.A.No.1 of 2021) to remove
the fifth respondent from the party array.
The application is allowed. Accordingly,
the fifth respondent stands deleted from
the party array.
R.S.A.No. 770 of 2020
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5. The memorandum of agreement
dated 1.3.2021 is recorded. The terms of
memorandum of agreement shall form part of
this judgment.
In the result, this R.S.A is
disposed of as hereinabove. Pending
applications, if any, shall stand closed.
Sd/-
(N.ANIL KUMAR)
JUDGE
MBS/
