The court granted permission to the appellants to withdraw the appeal under Civil Appeal No. 262 of 2003, noting that several appellants had died. Consequently, the appeal was dismissed as withdrawn. Three of the five original appellants were recorded as deceased based on a prior order.
Permission granted to withdraw the appeal; appeal dismissed as withdrawn.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
THURSDAY, THE 7TH DAY OF OCTOBER 2021 / 15TH ASWINA, 1943
AS NO. 262 OF 2003
AGAINST THE JUDGMENT AND DECREE DATED 31.3.2003 IN OS 5/1981 OF I
ADDITIONAL DISTRICT COURT, ERNAKULAM
APPELLANTS/PLAINTIFFS 1,3 TO 5:
1 ELIAS, SON OF PAULOSE, AGED 67, RESIDING AT MOOZHAYIL HOUSE, NEAR THRIKKUNNATH ST.MARY'S JACOBITE SYRIAN CHURCH, ALUVA. (DIED)2 ALEXANDER, SON OF PAULOSE, AGED 64, RESIDING AT PUTHUPURACKAL HOUSE,NEAR THRIKKUNNATH ST.MARY'S JACOBITE SYRIAN CHURCH, ALUVA.DESOM, DO VILLAGE.(DIED)3 VARKEY, SON OF PYLEE, AGED 79, RESIDING AT THENUNKAL HOUSE, ASOKAPURAM DESOM, ALUVA VILLAGE, ALUVA TALUK.(DIED)IT IS RECORDED THAT THE APPELLANTS 1 TO 3 ARE REPORTED
DEAD AS PER THE ORDER DATED 7/10/2021 IN I.A.NO.1/2020
IN A.S.NO.262/2003
4 VARGHESE, SON OF ISSAC, AGED 50, RESIDING AT PUTHIYAMADATHIL HOUSE, NEAR THRIKKUNNATH ST.MARY'S JACOBITE SYRIAN CHURCH, ALUVA DESOM, ALUVA VILLAGE, ALUVA TALUK.BY ADVS.
R.D.SHENOY (SR.)
P.J.PHILIP
JAIBY PAUL
RESPONDENTS/DEFENDANTS 2,4 TO 8:
1 FR.JACOB MANNARAPRAYIL, AGED ABOUT 62 YEARS, RESIDING AT SEMINARY QUARTERS, NEAR THRIKKUNNATHU SEMINARY, ALUVA.2 M.C.VARGHESE, SON OF CHACKO, AGED 79, MEKKAMALI HOUSE, THOTTAKATTUKARA, ALUVA.3 THOMAS MAR DIONYSIUS, NOW BASSELIOS THOMAS-I,
AS NO. 262 OF 2003 2
CATHOLICOSE, SON OF MATHU, AGED 69, RESIDING AT VALIA PALLY, KOTHAMANGALAM.
4REV.FR.OUSEPH, SON OF PAULOSE, AGED ABOUT 64 YEARS ,
PATHICKAL HOUSE,PERUMBAVOOR.
5 DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM.
6 MARTHOMA MATHEWS II, CLAIMING TO BE IN CHARGE OF ANGAMALLY DIOCESE, RESIDING AT DEVALOKAM, KOTTAYAM*ADDL R7 REV.FR.BOBY VARGHESE AGED 30 YEARS, S/O. VARGHESE, KAITHAKUDIYIL, AIRAPURAM , AIRAPURAM VILLAGE, KUNNATHUNADU TALUK .THE ABOVE ADDITIONAL R7 IS IMPLEADED AS ADDITIONAL 7TH
RESPONDENT VIDE ORDER DATED 7/11/2005 IN IA.2356/05.
ADDL.R8YUHANON MARPOLICARPOS,
METROPOLITAN, DIOCESE OF ANGAMALY, MALANKARA ORTHODOX
SYRIAN CHURCH, RESIDING AT THRIKUNNATHU SEMINARY,
ALUVA, ERNAKULAM.
ADDL.R9 FR.MATHAI EDAYANAL VICAR, ST.MARY'S SEMINARY CHURCH, THRIKKUNNATHU SEMINARY, ALUVA, ERNAKULAM DIST.ADDL.R10FR.YACOB THOMAS
MANAGER, THRIKKUNNATHU SEMINARY, ALUVA, ERNAKULAM DIST.
ADDITIONAL RESPONDENTS 8 TO 10 ARE IMPLEADED AS PER
ORDER DATED 13/01/2010 IN I.A. NO.3099/2009. IN A.S
262/03
BY ADVS.
M.V.BIPIN-R3
GOVERNMENT PLEADER-R2
T.KRISHNANUNNI (SR.)-R8 & R9
LIJU. M.P-R3
K.PAUL KURIAKOSE-ADDL.R8,R9 & R10
P.PRIJITH-R7
SAJAN VARGHEESE K.-R3
S.SREEKUMAR (SR.)-R7
THOMAS P.KURUVILLA-R7
P.MARTIN JOSE-R7
THIS APPEAL SUITS HAVING COME UP FOR ORDERS ON 07.10.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
AS NO. 262 OF 2003 3
JUDGMENT
The counsel for the appellants sought permission
to withdraw the appeal. Permission is granted. The
appeal will stand dismissed as withdrawn.
Sd/-
P.SOMARAJAN
JUDGE
msp
ELIAS
M.C.VARGHESE
CATHOLICOSE
P.SOMARAJAN
As recorded by the court registry
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