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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. EASWARAN S., J
SREE BHAGAVATHY VILASAM, N.S.S KARAYOGAM – Appellant
Versus
KANINADU SREE BHAGAVATHY KANINADU KARA – Respondent
| Table of Content |
|---|
| 1. factual background of temple management dispute. (Para 1 , 2) |
| 2. substantial questions of law formulated for consideration. (Para 3 , 4) |
| 3. arguments raised by both parties regarding temple administration. (Para 5 , 6 , 7) |
| 4. court's observations on the status and rights of office bearers. (Para 9 , 10 , 12 , 18 , 19 , 20) |
| 5. ratio decidendi on management rights under the settlement deed. (Para 23 , 43) |
| 6. final decision reversing the sub court's judgment. (Para 46) |
JUDGMENT
The defendants 1 to 3 in O.S. No.25 of 2009, a suit filed for declaration that a settlement deed executed in favour of defendants 1 and 2 by the 3rd defendant for management of the Sree Kaninadu Bhagavathi Temple is void and for recovery of possession, have come up in these appeals, aggrieved by the reversal of the judgment and decree rendered by the Munsiff Court, Perumbavoor, by the Sub Court, Perumbavoor in A.S. No.23 of 2011. The plaintiffs, on the other hand, have come up with the Cross Objection, contending that the first appellate court ought to have allowed the appeal in full and not in part.
2. The brief facts necessary for the disposal of the appeals and the cross objection are as follows:
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