St.Joseph Church vs K.R.Shajan Joseph
2024 Latest Caselaw 29558 Ker

Kerala High Court

St.Joseph Church vs K.R.Shajan Joseph on 17 October, 2024

Author: Sathish Ninan

Bench: Sathish Ninan

RFA No.85/2024                                1/1

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
                                        &
                     THE HONOURABLE MR. JUSTICE JOHNSON JOHN
            Thursday, the 17th day of October 2024 / 25th Aswina, 1946
                       IA.NO.1/2024 IN RFA NO. 85 OF 2024 I
                OS 10/2021 OF III ADDITIONAL SUB COURT, ERNAKULAM
   APPLICANTS/APPELLANTS:

      1. ST.JOSEPHES CHURCH,VAZHAKALA,THRIKAKARA P.O, PIN - 682021, VAZHAKALA
         VILLAGE, KANAYANNUR TALUK, REPRESENTED BY ITS VICAR, FR.SAJI
         KUNNAMPARAMBIL.
      2. PAULOSE MADASSERY, AGED 58 YEARS ,S/O. NOT KNOWN,TRUSTEE OF ST
         JOSEPHES CHURCH, VAZHAKALA, TRIKKAKARA P.O, PIN-682021 VAZHAKALA
         VILLAGE, KANAYANNUR TALUK
      3. BIJOY KALAPURACKAL, AGED 59, S/O NOT KNOWN, TRUSTEE OF ST JOSEPHES
         CHURCH, VAZHAKALA, THRIKKAKKARA P.O.,PIN - 682021, VAZHAKKALA
         VILLAGE, KANAYANNUR TALUK PIN 682021.

   RESPONDENTS/PLAINTIFFS:

      1. K.R.SHAJAN JOSEPH, AGED 54 YEARS, S/O K.L RAPHEAL, KOMAROTH HOUSE,
         KALOOR P.O, PIN - 682017, ERNAKULAM VILLAGE,KANAYANNUR TALUK,
         ERNAKULAM DISTRICT.
      2. C.R.SEBASTIAN, AGED 67 YEARS,S/O RAPHEAL, CHAMANIKODATH
         HOUSE,PALARIVATTOM P.O, PIN - 682025, EDAPPALY SOUTH VILLAGE,
         KANAYANNUR TALUK, ERNAKULAM DISTRICT.

        Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to stay the operation
   of the Judgment and Decree dated 29/09/2023 in O.S No.10/2021 on the file
   of the III Additional Sub Court, Ernakulam pending final disposal of the
   above Regular First Appeal.

        This Application coming on for orders upon perusing the application
   and the affidavit filed in support thereof and this Court's order dated
   05/08/2024 IN I.A.No. 4/2024,and upon hearing the arguments of
   SRI.B.SAJEEV KUMAR, SRI.THOMAS JOHN AMBOOKEN, Advocates for the
   petitioners and of SRI.JOHNSON ABRAHAM, SRI.NELSON ABRAHAM, SRI.EMIL
   JOHNSON, Advocates for R1 & R2, the court passed the following:

                                         ORDER

It is reported that in compliance with the directions of this Court,security as ordered has already been furnished in the form of Bank Guarantee. Interim order extended until further orders.

Sd/- SATHISH NINAN, JUDGE

Sd/- JOHNSON JOHN, JUDGE

17-10-2024 /True Copy/ Assistant Registrar