REV.M. THANKAMONY Vs. RASALAM

JUDGEMENT

(1.) THE petitioners are the defendants in O.S.NO.55 of 1997, on the file of the Subordinate Judge, Kuzhithurai. It is the suit filed by the respondents/Plaintiffs for following reliefs:

(2.) THE trial Court refused to grant the reliefs (b) and (c) and granted the reliefs (a) and (d), namely recovery of possession. An appeal preferred by these petitioners in A.S.No.121 of 2004 was dismissed and that they have preferred a Second Appeal before this Court, in which stay was not granted and notice was only ordered. In the meanwhile, the respondents initiated execution proceedings in E.P.No. 16 of 2011, on the file of the Subordinate Judge, Kuzhithurai for recovery of the suit properties, namely, "a plot of 30.750 cents and the Church, Parsonage and other buildings and all other things found thereon in Murampuvilai Puravidom measuring 1.34 acres from the petitioners."

(3.) EVEN in the Written Statement, it is pleaded that the plaintiffs are incompetent to file the suit representing all the members of the . In the counter filed by the petitioners in the execution petition, they have averred that the suit is not a representative suit filed by the defendants.