JUDGMENT

Appellant is the first defendant in O.S.3/2013 on the file of Additional District Judge-II, Alappuzha. Appeal is directed against the order dated 6.12.2013 passed by the learned Additional District Judge allowing an application for injunction moved by plaintiffs in the suit.

2. Short facts necessary for disposal of the appeal can be summed up thus:- Suit was instituted by respondents 1 to 5 together, hereinafter referred to as plaintiffs, under section 25 of the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act 1955 (Act 12 of 1955) for framing a scheme for administration of a F.A.O.352/2013 2 society registered under the above Act and for other reliefs. Case of plaintiffs in brief was that they are Oorazhma right holders of a temple, namely, Thiruvampadi Sreekrishnaswami temple. That temple is situated in 4.35 acres of land in survey no.600/8 of Pazhaveedu Village, Alappuzha. Temple and its property are owned by five illoms and members of those illoms are the heriditary right holders (Oorazhans of the temple). Oorazhans have formed a trust, namely, Thiruvambady Sree Krishna Swami Kshetra Trust,hereinafter referred to as temple trust, which is the fourth defendant in the suit. In a general body meeting of the temple trust convened by all Oorazhans of five illoms in 1998 it was resolved to form a society. Accordingly society was registered under Act 12 of 1955 and it consisted of 35 members. Except the third plaintiff all other plaintiffs are founder members of the society. Some persons connected with temple trust entered into an agreement with first defendant for entrusting the management and F.A.O.352/2013 3 administration of temple to that defendant,and, later, some collusive suits were filed as between first defendant and defendants 2 and 3, who represented the Kshetra Samithi. Under the guise of a collusive decree obtained in one of such suits and in execution of that decree attempts are now being made to take over the possession and management of temple, was the case of plaintiffs to seek for a decree for framing a scheme for the administration of temple and other reliefs. Other reliefs canvassed included a declaration that decree obtained by first defendant in the previous suit against second and third defendant, viz, O.S.295/2002 of Munsiff Court, Alappuzha is a collusive decree not binding on fourth defendant, and it is a nullity, that the agreement entered by fourth defendant with first defendant over transfer of administration of temple to first defendant is null and void and not binding on temple trust, and also for a decree of prohibitory injunction restraining defendants 1 to 3 from F.A.O.352/2013 4 interfering with the administration of Sree Krishna Swami Temple and its assets. Along with the suit plaintiffs moved an application for interim injunction to restrain defendants 1 to 3 from interfering with the administration of temple and its properties, conduct of rituals and festivals and also day to day management of temple by fourth defendant till disposal of the suit. That application for injunction was resisted by first defendant alone, filing objections. The other counter petitioners in that application, defendants 2 to 4 in the suit, appeared through counsel in response to notice given, but did not raise any objection. First defendant contended that it is a registered board which has been carrying on administration and management of more than 170 employees including Thiruvambadi Sree Krishna Kshetra Samithy temple. Administration and management of the temple was handed over to this defendant under a registered deed in 2002 by fourth defendant temple trust. Since there was some F.A.O.352/2013 5 obstruction from some persons claiming as members of temple advisory committee this defendant had instituted a suit as O.S.295/2002 before the Principal Munsiff Court, Alappuzha for a decree of injunction. Two other suits were filed by the Temple Advisory Committee against this de