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2007 Supreme(SC) 976

DALVEER BHANDARI, K.G.BALAKRISHNAN, R.V.RAVEENDRAN
A. A. GOPALAKRISHNAN – Appellant
Versus
COCHIN DEVASWOM BOARD – Respondent


JUDGMENT

K.G. BALAKRISHNAN, CJI

Leave granted. Application for exemption from filing O.T. is granted.

2.An extent of 21 cents of land in Survey No.1042/2 of Mulanthuruthy village, Kanayannur Taluk, Ernakulam District, belonged to Karikkode Sastha and Maha Vishnu temple under the management of Cochin Devaswom Board (Board for short).

3.One T.K. Asokan filed a complaint before the High Court of Kerala alleging that respondents 3 and 4 had encroached upon the said land, and were in illegal possession. The complaint was registered as CDBNo.3/1996. The High Court by order dated 12.6.1997 held that the said Sy No.1042/2 (21 cents) was part of the property of Karikkode Sasthaand Vishnu Temple and gave a direction to the Board to take possession of the said land without delay. Respondents 3 and 4 challenged the said order before this Court in SLP (C) No.12985/1997 contending that they had acquired title over the said land by their long possession. This Court disposed of the said petition by the following order dated 30.3.1998:

"In the facts and circumstances of this case, having heard learned counsel for the parties, we do not think it is a fit case for our interference against the impugned di
















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