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2014 Supreme(Online)(KER) 41689

HIGH COURT OF KERALA
P.BHAVADASAN, J
M K PARAMESWARAN ELAYATH – Appellant
Versus
ARUN P – Respondent


J U D G M E N T

This original petition is directed against the order dated

15.07.2014 in C.M.A.No. 62/2013, whereby, the petitioner was found competent to manage and administer the family temple Mangala Palli Mahavishnu Temple and the defendants were restrained from interfering with the right to conduct poojas and rituals by him as per the terms of partition deed entered between the members of the family.

2. The facts absolutely necessary for the disposal of this original petition are as follows:

The Mangala Palli Illam branched out into four 'Thavazhies' as per Ext.R1(a), partition deed. E schedule in the said document was to be possessed by the second Thavazhi in the deed and the income from that property was to be utilized for the purpose of carrying on the affairs of the family temple. It is also stipulated that the second executant in the document is to administer the affairs of the temple initially and on his mismanagement or maladministration, the fifth executant is to take over. If the 5th executant is not administering the affairs of the temple properly, then on such opinion being formed by the executant Nos. 2 and 7, the 7th executant is to succeed to the administration.

3. I

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