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V.CHITAMBARESH
C. R. Radhakrishna Pillai – Appellant
Versus
Bhargavi Amma – Respondent


Counsels for the Parties:
For the Petitioner:Mr. P. B. Suresh Kumar, Sr. Advocate, Mr. Leo George & Mr. T.T. Rakesh, Advocates.
For the Caveator:Mr. T. Krishnan Unni, Sr. Advocate, Mr. S.A. Saju, Advocate.

JUDGMENT

V. Chitambaresh, J.— Is a suit maintainable for modification of a scheme already settled by court for the administration of a private religious trust? This is the interesting question that arises for consideration in this Civil Revision Petition filed under Section 115 of the Code of Civil Procedure, 1908.

2. The first defendant by name ‘Elampalloor Devaswom Trust’ is conceded by the parties to the suit to be a private religious trust. Therefore the provisions of Section 92 of the Code of Civil Procedure do not ipso facto apply even though the principles can be extended. The scheme for administration of the trust had been settled in O.S. No. 280/1997. Sub Court, Kollam. There was a subsequent suit for modification of the said scheme in O.S. No. 408/1981 on the file of the same court. But the suit was dismissed and the decree is impugned in A.S. No. 100/2005. District court, Kollam which is stated to be pending. The present suit in O.S. No. 273/2011. Sub court, Kollam has been filed by persons who were not co-nominee parties to the earlier two suits. The principal prayer is for modification of the scheme settled as early as on 24.11.1958 in O.S. No. 280/1957. The other praye


















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