JUDGMENT :

Two devotees of a public temple representing the deity by name Sree Khandakarna Kshethram, Kanjiramchira, Alappuzha came up with a petition under Order XXI Rule 97 C.P.C. obstructing the delivery of a portion of property belonged to the deity in execution of a money decree. It was dismissed by the Sub Judge on the ground that no document was produced by the petitioners to show their right, title or interest over the property to obstruct the delivery. The fundamental principles governing a perpectual minor and competency of a devotee to represent the deity/idol in a legal proceedings, the binding force of a decree against a perpectual minor and the legal entity of an idol in a public temple, though raised, were not even taken into consideration in the impugned order. It is unfortunate that the officer (Sub Judge concerned) did not even go into the abovesaid issues or understand the dispute involved in the petition, but dismissed the same on an extraneous ground that none of the claim petitioners produced any document of their right, title or interest to obstruct delivery.

2. It is a case wherein a decree is sought to be executed against the property held by a public temple