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1992 Supreme(Ker) 17

BALAKRISHNAN
Sukumaran – Appellant
Versus
Akamala Sree Dharma Sastha Idol – Respondent


Judgment :-

Defendants in a scheme suit filed under S.92 of the Code of Civil Procedure are the appellants in this appeal. The suit relates to the administration of Akamala Sree Dharma Sastha Temple at Mullurkkara in Trissur District. The plaintiffs prayed for dissolution of Ext. Al trust deed and also consequential reliefs for framing a scheme for the administration of the temple. Plaintiffs had also alleged certain misfeasance and malfeasance in the administration of the temple by the defendants. The court below did not accept these allegations. However, the court held that Ext. Al trust deed is not legally valid and therefore it was set aside; and the parties on either side were allowed to file application for passing a final decree along with a draft scheme and until such a scheme is settled the court ordered that the defendants would continue to manage the affairs of the temple. The defendants were also directed to furnish accounts relating to the management of the temple. Aggrieved by this finding the present appeal is filed.

2. In the plaint the plaintiffs alleged that Akamala Sree Dharma Sastha Temple (Temple') is in a puramboke land. This temple is of ancient origin, though








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