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1988 Supreme(Ker) 170

THOMAS
GOVINDAN NAIR – Appellant
Versus
GOPALAKRISHNA SHARMA – Respondent


Judgment :-

1. Four persons claiming themselves to be worshippers of a temple applied for leave to institute a suit for settling a scheme for administration and management of the temple Leave was granted by the District judge as provided in S.92 of the Code of Civil Procedure (for short'the Cods'). The petitioner herein opposed the application for leave and hence he is aggrieved as the lower court granted leave.

2. The scheme is for the administration of "Kozhuvalloor Bhagavathi Temple". It is claimed that the said temple originally belonged to the Illom of which the persons who applied for leave are members. Under a partition arrangement, the senior most male member of the Illom was authorised to manage and administer the affairs of the temple. According to the applicants, the earlier efforts to confer the power of temple administration on the Hindu public of the locality did not succeed due to rivalry among them and the affairs of the temple reached a torpid stags when bickerings persisted for long. It is contended that a public religious trust has been created for the temple and it is for the administration of the said trust that a scheme has become a pressing need. Hence the app









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