1962 Supreme(Ker) 132
T.C.RAGHAVAN
Gheevarghese Koshy – Appellant
Versus
Chacko Thomas of Pallimadyil – Respondent
Advocates:
M. Abraham, for Appellant; K.P. Abraham, G. Velayudhan Nair, E.M. Jacob and K.K. Poulose, for Respondents.
ORDER :- The trial court appointed the 2nd defendant and another as receivers pending O.S. No. 173 of 1959 on its file. On appeal and cross-appeal by the parties the lower appellate court set aside that order and granted a temporary injunction as prayed for in the plaint. The 2nd defendant has come up in revision questioning the jurisdiction of the lower courts to pass any interim order at all. When the case came up before me on a previous occasion, the learned counsel on both sides agreed that the question regarding jurisdiction of the trial court to entertain the suit itself might be decided as a preliminary issue before the Civil Revision Petition was taken up for hearing. Therefore, I directed the trial court to submit a finding regarding its jurisdiction to try the suit itself; and the trial court has now submitted a finding that the suit falls beyond the scope of Sec. 92 of the Code of Civil Procedure and therefore it has jurisdiction to try it. The correctness of this finding is challenged before me as a preliminary to the hearing of the Civil Revision Petition itself.
2. Four parishioners of the Kadeesa Church at Kayamkulam filed the suit in their individual capacity and rep
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