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2015 Supreme(Ker) 1666

ANTONY DOMINIC, P.V.ASHA
Kidangoor Devaswom – Appellant
Versus
Krishnan Namboothiri – Respondent


Advocates Appeared:
For the Appellant : M. Narendra Kumar & Salish Aravindakshan.
For the Respondent: S. Vinod Bhat.

JUDGMENT :

Antony Dominic, J.


1. Plaintiffs in O.S.108/98 on the file of the Sub Court, Pala are the appellants. They filed the suit for a declaration that the first plaintiff Devaswom is a public trust of religious and charitable nature and to frame a scheme in respect of the first plaintiff Devaswom for its administration and management. They also sought a declaration that the plaint schedule properties are of the first plaintiff and a decree for the removal of the defendants from the administration and management of the fist plaintiff Devaswom. Further, a permanent prohibitory injunction restraining the respondents from alienating the properties of the first plaintiff Devaswom or the movables kept in the Devaswom building was also sought for. By the judgment and decree under appeal, the suit was dismissed. It is aggrieved by this judgment and decree, this appeal is filed.


2. Among the various issues which were framed and considered, the main issues are whether the first plaintiff is a public religious trust dedicated to the public and whether the Kidangoor Sree Subrahmanya Swamy Temple is a public temple or is a private temple. Based on the conclusion of the Trial Court that the t


































































































































































































































































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