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1994 Supreme(Ker) 87

M.M.PAREED PILLAY
Sree Kandakarna Kshethra – Appellant
Versus
Karunakara Thandar – Respondent


Judgment :-

Appellants in A.S.97 of 1993 are the plaintiffs in O.S.65 of 1985 of the Sub Court, Cherthala. Appellants in A.S.155 of 1994 are defendants 3 and 4 in O.S.15 of 1986 of the same Court, These two suits along with O.S.16 of 1986 were tried together. The Sub Judge dismissed O.S.65 of 1985 and O.S.16 of 1986. O.S.15 of 1986 was decreed and Ext. A-35 document executed by the defendants was declared void and not binding on members of Vattakeril family. Defendants in O.S.15 of 1986 who are not members of Vattakeril family are injuncted by a permanent injunction from interfering with the affairs of the temple.

2. Plaintiffs in O.S.65 of 1985 filed the suit for framing a scheme for the administration of the temple on the allegation that it is a public endowment. It is also alleged that defendants are not properly carrying on the administration of the temple, that they are utilising its income for their personal needs and that if they are allowed to continue to do so it would be detrimental to the larger interests of the worshipers of the temple, the beneficiaries of the trust. Plaintiffs assert that Sree Kandakarna Temple is a public trust and so to protect its interests and for















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