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2025 Supreme(Online)(Ker) 32905

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. NATARAJAN, J
ST. JOSEPH PROVINCE CHAVARA MOUNT, THIRUVALLAM P.O., THIRUVANANTHAPURAM – Appellant
Versus
BENNY VARGHESE – Respondent


Advocates:
For the Appellants/Petitioners: S.RANJIT, GOKUL DAS V.V.H
For the Respondents: SANIL JOSE, BONNY BENNY, K.P.ANTONY BINU, AMALJITH

Table of Content
1. challenging dismissal of application for impleading. (Para 1 , 3 , 4)
2. argument regarding ownership claim and trust responsibility. (Para 5 , 6)

This Original petition is filed by the Third party applicant by challenging the order passed by the Trial court in Exhibit-P4 under order 1 Rule 10(2) of C.P.C. for having dismissed this application for impleading in the suit.

2. Heard the arguments of the learned counsel for the petitioner and the learned counsel for the respondent.

3. The case of the petitioner is that, the respondent herein, plaintiff filed the suit in O.S.NO. 19/2018 for specific performance of contract as against defendant Fr. Joseph Muttath, and he was placed ex-parte. The suit of the plaintiff for specific performance was decreed by judgment dated 16.10.2019. Subsequently, the plaintiff filed an application under Section 28 (3) of the Specific Relief Act, 1963 , for execution of the conveyance in his favour by depositing the remaining amount and accordingly, the Trial court executed the decree by executing the conveyance are sale deed on 16.03.2023. Subsequently, a delivery warrant was issued by the Addl. Munsiff Court, Chanaganacherry, in the mea

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