JUDGMENT :

Petitioners are the defendants in O.S. No.1/2021 of the Sub Court (Commercial Court, Kalpetta), Sulthan Bathery and the order under challenge is Ext.P9, which refused to consider the maintainability issue raised by the defendants as a preliminary issue, for reason of the suit being ripe for trial.

2. Heard Sri.M.P. Ashok Kumar, learned counsel for the petitioners and Sri.B.G. Bhaskar, learned counsel for the respondents.

3. Learned counsel for the petitioners submits that the triple conditions to be satisfied in order to seek a leave under Section 92 of the C.P.C. is not satisfied in the plaint, wherefore, Ext.P4 leave granted by the learned District Judge is grossly improper. It is all the more so, since leave has been granted without notice to the defendants (petitioners herein). It was also contended that the Malabar Hindu Religious and Charitable Endowments Act (MHR & CE Act), oust the jurisdiction of the Civil Court, inasmuch as, the power has been vested upon the Deputy Commissioner under Section 57 of the Act to deal with situations and reliefs, as is seen raised in the instant plaint. These aspects were brought to the notice of the District Court, Wayanad, where the