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2015 Supreme(Ker) 1416

B.KEMAL PASHA
Guruvayur Devaswom Managing Committee – Appellant
Versus
Sathyan – Respondent


Advocates:
Advocate Appeared:
For the Respondent: P. Gopal

ORDER :

B. Kemal Pasha, J.

OS No. 19/2014 of the Subordinate Judge's Court, Chavakkad is filed by the 1st respondent herein for realisation of an amount of Rs. 11,35,000/- towards compensation with interest at the rate of 12% per annum from the defendants. Arising out of I.A. No. 191 of 2015 in O.S. No. 19 of 2014 of Sub Court, Chavakkad. The 2nd defendant in the suit is the Guruvayur Devaswom Managing Committee. According to the plaintiff, he was carrying the idol of Devi on the elephant by name "Seshadrr belongs to the 2nd defendant on 29/12/2011 at 9.30 p.m. during the festival at the 1st defendant temple. The elephant became violent and ran amok and, the plaintiff was pulled down by the elephant to the ground thereby he sustained very serious injuries. He has to spend lakhs of rupees for treatment and is still undergoing treatment. The elephant belongs to Guruvayur Devaswom and the same was hired out to the 1st defendant Puthalath Ayyappa Kshethram in connection with the annual festival. The petitioner contended that the suit is not maintainable before the Subordinate Judge's Court, Chavakkad, whereas the suit ought to have been filed before the District Court, Thrissur. The main







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