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2010 Supreme(Ker) 886

THOMAS P.JOSEPH
Sulthanbathery Mahaganapathy Kshethram – Appellant
Versus
Secretary, Malabar Devaswom – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: George Abraham
For the Respondent: K. Mohanakannan

JUDGMENT :

1. The question urged for a decision in this petition at the instance of petitioner is whether, when a Subordinate Judge's Court is established in any District at a place other than the place where the District Court is stationed and appeals from decrees or orders of the Munsiff's Court within the local limits of the jurisdiction of such Subordinate Judge's Court may be preferred in such Subordinate Judge's Court, an appeal could be preferred in the District Court from an order passed by the court of Munsiff situated within the jurisdiction of such Subordinate Judge's Court? The issue arose in the matter of C.M.A. No. 10 of 2010 arising from an order of injunction passed by the learned Munsiff, Sulthan Bathery in O.S.No.162 of 2010 and filed by the respondents in the court of learned District Judge, Wayanad at Kalpetta. Petitioner is a temple committee and alleged that respondents are making unauthorised attempts to take over the temple and seeking relief against that, instituted the suit. Learned Munsiff granted an order of temporary injunction. Respondents took up the matter in appeal before the learned District Judge, Wayanad, at Kalpetta with an application to condone

















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