Kerala High Court
Smt.Evaline Koroth vs The Church Of South India Trust ... on 1 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
RSA NO. 1067 OF 2012
AGAINST THE JUDGMENT IN OS 258/2006 OF ADDITIONAL MUNSIFF COURT,
KANNUR
AS 183/2007 OF ADDITIONAL DISTRICT COURT, THALASSERY
APPELLANT/RESPONDENT NO.3/DEFENDANT NO.3:
SMT.EVALINE KOROTH
W/O.LATE NELSON, AGED 72 YEARS, NO OCCUPATION RESIDING AT
NO 39A, CSI CHURCH COMPOUND, KANNUR-13.
BY ADVS.
SRI.E.RADHAKRISHNAN
SRI.T.MANOJ KUMAR
RESPONDENTS/APPELLANTS NO.1 & 2 AND RESPONDENTS NO.1,2,4 & 6 TO 8
AND LEGAL HEIRS OF RESPONDENT NO.5/PLAINTIFFS NO.1 & 2 AND DEFENDANTS
NO.1,2,4 & 6 TO 8 AND LEGAL HEIRS OF DEFENDANT NO.5:
1 THE CHURCH OF SOUTH INDIA TRUST ASSOCIATION,
REP.BY ITS REGISTERED POWER OF ATTORNEY HOLDER
REV.B.N.FENN, S/O.DR. B.N FENN DIOCESAN TREASURER,
NORTH KERALA DIOCEASE, CSI DIOCEASAN OFFICE,
SHORNUR - 679121, PALGHAT (DIST).
2 THE CHURCH OF SOUTH INDIA TRUST ASSOCIATION
REP.BY ITS REGISTERED POWER OF ATTORNEY HOLDER
MR.SHEPHERED NELSON, S/O.LATE MR.SIMON, PROPERTY MANAGER
NORTH KERALA DIOCEASE, CSI DIOCEASAN OFFICE,
SHORNUR - 679121, PALGHAT (DIST).
3 SRI JOHN JEEVANDAS,
YUKARA WEST, 18/729, RC ROAD, PALGHAT- 678 014.
4 ROSHAN NAREGIS JOHN, YUKARA WEST
18/729, RC ROAD, PALGHAT-678 014.
5 NEETHA JASMINE,
NO OCCUPATION, RESIDING AT NO.39A, CSI CHURCH COMPOUND
KANNUR - 13.
RSA NO. 1067 OF 2012
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6 BEENA ROSE,
NO OCCUPATION RESIDING AT NO.39A, CSI CHURCH
COMPOUND KANNUR - 13.
7 HELLEN MABLE,
NO OCCUPATION, RESIDING AT NO.39A, CSI CHURCH
COMPOUND KANNUR-13.
8 LISY SAJITHAKUMAR,
NO OCCUPATION, RESIDING AT NO.39A, CSI CHURCH
COMPOUND, KANNUR-13.
9 RAJAN DANIEL P
S/O.DANIEL, 52 YEARS, RESIDING AT 4 POINT APPARTMENT,
MANIKKAKAVU ROAD, THANA, KANNUR- 12.
10 NAMITHA CENT, (MINOR)
D/O.RAJAN DANIEL P, 17 YEARS, REPRESENTED BY HER
FATHER RAJAN DANIEL, RESIDING AT 4 POINT APPARTMENT
MANIKKAKAVU ROAD, THANA, KANNUR-12.
11 NIKITHA EVA (MINOR)
D/O.RAJAN DANIEL P, 12 YEARS, REPRESENTED BY HER
FATHER RAJAN DANIEL, RESIDING AT 4 POINT APPARTMENT
MANIKKAKAVU ROAD, THANA, KANNUR -12.
BY ADVS.
R1 - SRI.N.N.SUGUNAPALAN (SR.)
- SRI.S.SUJIN
THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON
01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA NO. 1067 OF 2012
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T.R. RAVI, J.
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R.S.A.No.1067 of 2012
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Dated this the 01st day of August, 2023
JUDGMENT
A letter has been received from the District Judge,
Thalassery stating that the judgment in A.S.No.183/2007 which
has been challenged in this regular second appeal, has already
been recalled owing to the fact that the judgment was passed
against a dead person. A request is made for return of the
documents for hearing the appeal, which has been reopened.
In the above circumstances, there is no necessity for the
second appeal since the impugned judgment is no longer there.
The second appeal is hence closed and the Registry is directed
to return files, which have been already received.
Sd/-
T.R.RAVI
JUDGE
mpm
