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2018 Supreme(Ker) 341

SATHISH NINAN
Shaiju J. – Appellant
Versus
Official Receiver, Vanchiyil Sree Saravana Temple – Respondent


Advocates Appeared:
For the Petitioner: Sri. B. Suresh Kumar, Smt. Anuroopa Jayadevan.
For the Respondents:Sri. K.P. Dandapani, Senior Advocate, Sri. Millu Dandapani.

JUDGMENT :

Interlocutory applications filed in a suit under Section 92 of the Code of Civil Procedure, after the settling of scheme, were returned by the court, as 'lacking jurisdiction'. The said order is under challenge in this Original Petition.

2. Heard Sri. B. Suresh Kumar, learned counsel appearing for the petitioner and Sri. K.P. Dandapani, learned Senior Counsel appearing for the respondents.

3. O.S. No.7/2002 was a suit under Section 92 of the Code of Civil Procedure. On 29.09.2007, decree was passed settling the scheme. Challenging the said decree, there was an appeal before this Court as R.F.A. No.6/2008. This Court confirmed the decree passed by the trial court. The SLP filed against the judgment was dismissed by the Apex Court.

4. Thereafter, alleging that out of the three temples situated in the temple compound, one of the temples namely, Yogeeswara Temple, was demolished, the petitioner along with another filed I.A. No.124/14 with the following prayers :

(1) To prohibit further demolishing of structures in the temple compound.

(2) To restore Yogeeswara Temple at the same place under court supervision.

(3) For removal of the then members of the Administrative Committee.

The a















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