AS No. 609 of 1993 · Kerala High Court

BY SRI.P.G.PARAMESWARA PANICKER,SENIOR ADVOCATE SRI.S.VENKATASUBRAMONIA IYER,SENIOR ADVOCATE ADVS. SRI.S.SIVASANKARA PILLAI SRI.MATHEW JOHN SRI.P.GOPAL 2/- A.S.NO.609/1993 -2- RESPONDENT(S)/DEFENDANTS 1 & 4 TO 8 DEFENDANTS 2 & 3 DIED PENDING SUIT -------------------------------------------------------------------------------------------------------------------------- *1. REV.FR.P.M.EAPEN,(FORMER VICAR,ST.GEORGE'S ORTHODOX CHURCH, TRIVANDRUM) (RESIDING AT ST.GEORGE'S ORTHODOX CHURCH PASSONAGE,SYRIAN CHURCH ROAD, TRIVANDRUM-1(DIED) *THE OLD RESIDENTIAL ADDRESS OF THE 1ST RESPONDENT IS SUBSTITUTED WITH THE NEW ADDRESS, RESIDING AT ''T.C.3/2517, TKD ROAD, PATTOM(P.O.), TRIVANDRUM-4, AS PER ORDER DATED 8/6/2012 IN IA.NO.773/2012 *2. SRI.V.KURIAN THOMAS,S/O.SRI.THOMAS,FORMER KAIKKARAN, ST.GEORGE'S OTHODOX CHURCH,KOWDIAR,TRIVANDRUM-3.(DIED) *3. SRI.T.G.KOSHY,STYLING HIMSELF AS SECRETARY OF THE DEFUNCT ST.GEORGE'S ORTHODOX CHURCH BUILDING COMMITTEE, THAZHETHIL,NANDAVANAM ROAD, PALAYAM, TRIVANDRUM-1.(DIED)

SRI.K.A.VARGHESE,RESIDING AT FIELD VIEW,KURAVANKONAM, TRIVANDRUM-3. *5. THE SOUTH INDIAN BANK LTD., MAR BASELIUS BUILDINGS, SPENCER JUNCTION,TRIVANDRUM-1 REPRESENTED BY THE MANAGER OF THE SOUTH INDIAN BANK LTD, BRANCH.(DELETED) *5TH RESPONDENT DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANT IN THE MEMORANDUM OF APPEAL AS PER ORDER DATED 15/12/11 IN I.A.3926/2011.

ST.GEORGE'S ORTHODOX CHURCH, SPENCER JUNCTION, MAIN ROAD,TRIVANDRUM,REPRESENTED BY ITS (KAIKKARAN DR.T.K.GEORGE AND BY REV.FR.ALEXANDER VAIDYAN,VICAR, ST.GEORGE'S ORTHODOX CHURCH) *THE NAMES OF THE KAIKKARAN AND THE VICAR, REPRESENTING THE 6TH RESPONDENT ARE SUBSTITUTED WITH THE NAMES AND ADDRESS OF THE PRESENT INCUMBENTS, NAMELY, KAIKARAN,SRI.KURIAN MATHEW,S/O.LATE SRI.P.K.MATHEW RESIDING AT PLAVILA HOUSE,T.C.29/69 KAVUVILA ROAD,PETTAH(P.O.) TRIVANDRUM-24 AND THE VICAR, NAMELY,REV.FR.P.G.JOSE,S/O.P.GEORGE RESIDING AT ST.GEORGE'S ORTHODOX CHURCH BUNGALOW, SPENSER JUNCTION, TRIVANDRUM AS PER ORDER DATED 8/6/12 IN IA.NO.773/2012 *ADDL.R7 TO R12 *R7: AKSA JOHN, D/O.KURIAN THOMAS,VALAVUVHIRACKAL, KOWDIYAR.P.O., THIRUVANANTHAPURAM. 3/- A.S.NO.609/1993 -3- *R8: MARY,D/O.KURIAN THOMAS,VALAVUCHIRACKAL, KOWDIYAR.P.O., THIRUVANANTHAPURAM. *2ND RESPONDENT DIED AND ADDL RESPONDNETS 7 AND 8 ARE IMPLEADED AS THE LR'S OF THE DECEASED 2ND RESPONDENT AS PER ORDER DATED 22/3/01 IN CMP.NO.1585/2000 *R9: KUNJAMMA KOSHY,THAZHETHIL HOUSE,NANDAVANAM ROAD, PALAYAM,THIRUVANANTHAPURAM. *R10: ISSAC KOSHY, THAZHETHIL HOUSE,NANDAVANAM ROAD, PALAYAM,THIRUVANANTHAPURAM. *R11: DE.T.K.GEORGE,RETD.PRINCIPAL, GOVERNMENT ENGINEERING COLLEGE,T.C.2/238, AISWARYA NAGAR,KESAVADASAPURAM,THIRUVANANTHAPURAM-4. *R12: T.K.ALEX, THAZHETHIL HOUSE,PONGUMMOODU,MEDICAL COLLEGE.P.O., THIRUVANANTHAPURAM. *ADDL.RESPONDENTS 7 TO 12 ARE DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANT IN THE APPEAL MEMORANDUM AS PER ORDER DATED 15/12/11 IN I.A.3926/11 *ADDL.RESPONDENT 9 TO 12 ARE IMPLEADED AS THE LR'S OF THE DECEASED IIIRD RESPONDENTS AS PER ORDER DATED 22/3/01 IN CMP.NO.2352/2000 BY SRI.T.P.KELU NAMBIAR,SENIOR ADVOCATE ADVS. SRI.V.PRAVEEN SRI.V.SEETHARAMAN SRI.M.GOPIKRISHNAN NAMBIAR SRI.A.N.ARAVINDAKSHAN NAIR SRI.R.RAJESH SRI.T.K.ABRAHAM SRI.B.RAGUNATHAN SRI.S.BALAN PILLAI SRI.V.V.MATHEW THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 23-07-2012, ALONG WITH AS.NO. 724 OF 1998,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.CHITAMBARESH, J. ------------------------------- A.S.Nos.