Kerala High Court
Tina Danil @ Tina vs Holy Pentecostal Mission on 3 March, 2021
RSA 212/2021 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present:
THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
Wednesday,the 3rd day of March 2021/12th Phalguna, 1942
IA.NO.1/2021 IN RSA No.212/2021 (A)
For information purpose only
AS No.29/2015 OF THE SUB COURT, NEDUMANGAD
OS No.867/2010 OF THE PRINCIPAL MUNSIFF COURT,NEDUMANGAD
PETITIONER/APPELLANT IN RSA:
TINA DANIL @ TINA,AGED 46 YEARS
D/O. LATE MRS. CHINNAMMA PEACE VILLA, T.C.2/2018,
KESAVADASAPURAM, ULLOOR VILLAGE, PATTOM P. O.,
THIRUVANANTHAPURAM.
RESPONDENTS/RESPONDENTS IN RSA:
1. HOLY PENTECOSTAL MISSION
REPRESENTED BY ITS GENERAL SECRETARY, PASTER D. MANIKUTTAN,
RESIDING AT HOLY PENTECOSTAL MISSION HOUSE, (BLESSING
BHAVAN), VETTINAD, VATTAPPARA P.O., VEMBAYAM VILLAGE,
THIRUVANANTHAPURAM - (1ST PLAINTIFF), PIN - 695028.
2. PASTER D. MANIKUTTAN
GENERAL SECRETARY, RESIDING AT HOLY PENTECOSTAL MISSION
HOUSE, (BLESSING BHAVAN), VETTINAD, VATTAPPARA P.O., VEMBAYAM
VILLAGE, THIRUVANANTHAPURAM - (2ND PLAINTIFF), PIN - 695028.
3. P. P. THANKACHAN
S/O. MR. PHILIPOSE, RESIDING AT PALAKKUZHY VEEDU, AMARAVATHY
P. O., KUMALI, IDUKKI DISTRICT - (2ND DEFENDANT), PIN - 685 509.
4. TITUS,AGED 60 YEARS
S/O. THIMOTHIYOSE, AMBEKER VEEDU, MOTTAKKAVU VEMBAYAM,
MANIKKAL VILLAGE, NOW RESIDING AT KANAKKODE, VALAVIL PUTHEN
VEEDU, VEMBAYAM VILLAGE, NEDUMANGAD - (ADDL. 3RD
DEFENDANT), PIN - 695 615.
5. CHELLAPPAN,AGED 71 YEARS
S/O. KUNJAN, BATHEL BHAVAN, ULLORKONAM, VETTINAD, VEMBAYAM
RSA 212/2021 2/4
VILLAGE, NEDUMANGAD - (ADDL. 4TH DEFENDANT), PIN - 695 615.
Application praying that in the circumstances stated in the affidavit filed
therewith the High Court be pleased to stay the execution of the decree in
OS.No.867 of 2010 in the Court of the Principal Munsiff, Nedumangad.
This application coming on for orders upon perusing the application and the
For information purpose only
affidavit filed in support thereof, and upon hearing the arguments of M/S
R.LAKSHMI NARAYAN,SMT.R.RANJANIE Advocates for the petitioner and of
SRI.R.GOPAN, (Caveator) for Respondents 1 and 2, the court passed the
following:
RSA 212/2021 3/4
N.ANIL KUMAR, J.
----------------
RSA No.212 of 2021
----------------
Dated this the 3rd day of March 2021
For information purpose only
ORDER
Caveators/respondents 1 & 2 enter appearance.
2. Heard the learned counsel for the appellant and respondents 1 & 2.
3. The RSA is admitted on the following substantial questions of law;
1. Have not the courts below erred in entertaining a suit, which is clearly
beyond the period prescribed under Article 59 of the Limitation Act,
prescribing a period of three years from the date of knowledge of the
plaintiffs pertaining to the documents impugned in the suit?
2. Have not the courts below erred in not placing reliance on the legal
presumption emanating from the fact of registration of documents,
particularly, when there is sufficient evidence on record to that effect
and conspicuous absence of evidence to rebut the said presumption?
3. Have not the courts below gone wrong in putting the burden of proof
on the defendants that there are materials to prove the genuineness of
the documents executed and registered, rather than calling the
plaintiffs to rebut the presumption available to a registered document?
4. Whether the courts below erred in decreeing the suit and granting the
decree for permanent prohibitory injunction, especially the transaction
was done by the 2nd defendant while the 2nd defendant was an office
bearer of the 1st plaintiff, Holy Pentecostal Mission, and the amount
collected thereof was credited into the account of the Holy Pentecostal
Mission?
RSA 212/2021 4/4
4. Issue notice to respondents 3 to 5.
Post after summer vacation.
IA No. 1 of 2021
Heard the learned counsel for the petitioner/appellant as well as the
For information purpose only
respondents 1 & 2/respondents 1 & 2.
2. Operation of the judgment and decree in OS No. 867 of 2010 on the file of
the Principal Munsiff's Court, Nedumangad stands stayed for a period of
four months.
N. ANIL
KUMAR, JUDGE
bka/03.03.2021
/true copy/
Sd/-
ASSISTANT REGISTRAR
