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2025 Supreme(Online)(Ker) 17774

IN THE HIGH COURT OF KERALA AT ERNAKULAM
M. Balagovindan J
A.PRASOBHAN – Appellant
Versus
THRIKKADAVINKKARA BHAGAVATHY TEMPLE – Respondent


Advocates:
For the Appellants/Petitioners: Sri.M.Balagovindan
For the Respondents: Sri.R.Anil Kumar, Smt.Mini Gangadharan, Sri.Pramod J. Dev

Table of Content
1. the appellant sought a receiver for alleged temple mismanagement. (Para 2 , 4)
2. arguments presented regarding locus standi and mismanagement claims. (Para 6 , 7)
3. court emphasized the need for specific evidence for appointing a receiver. (Para 8 , 10 , 11)
4. court concluded that the application lacked merit and was dismissed. (Para 12)

JUDGMENT

Dated this the 03rd day of June, 2025

This appeal is filed challenging the order dated 28.02.2024 in I.A.No.7 of 2023 in O.S.No.100 of 1999 of the Subordinate Judge's Court, Attingal. Appellant was the petitioner/applicant in the I.A. and the 6th additional plaintiff in the suit. Respondents are the counter petitioners 1 to 5 in the I.A. and defendants in the suit.

2. I.A.No.7 of 2023 was filed by the appellant invoking Order 40 Rule 1 CPC seeking to appoint a receiver. The suit was filed in the year 1999 seeking declaratory relief concerning the Thrikkadavinkara Bhagavathy Temple, Ayiroor Village, Kollam District. A decree had been rendered in the suit earlier, which was based on concessions made by some of the parties. The appellant had challenged the decree before this Court and this Court had set aside the same, holdin

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