Bhuvaneswari A.K vs Diety Sree Kammoth Mahavishnu Temple on 14 February, 2020

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Kerala High Court

Bhuvaneswari A.K vs Diety Sree Kammoth Mahavishnu Temple on 14 February, 2020

Bench: Sathish Ninan

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

             THE HONOURABLE MR. JUSTICE SATHISH NINAN

     FRIDAY, THE 14TH DAY OF FEBRUARY 2020 / 25TH MAGHA, 1941

                       OP(C).No.416 OF 2020

AGAINST THE ORDER DATED 21/02/2019 IN I.A.NO.485 OF 2018 IN OS.NO.
                 42/2007 OF SUB COURT, KOYILANDY


PETITIONERS / PLAINTIFFS:

      1      BHUVANESWARI A.K.,
             AGED 64 YEARS
             W/O LATE BALAKRUSHNAN, "BINILALAYAM", KOOTHALI AMSOM,
             DESOM, P.O.KOOTHALI, KOYILANDY TALUK, KOZHIKODE
             DISTRICT.

      2      BISWAJITH B,
             AGED 46 YEARS
             S/O BALAKRISHNAN, HIGH COURT ASSISTANT, HIGH COURT OF
             KERALA, ERNAKULAM, COCHIN - 682031

      3      BINILA GANESAN,
             AGED 43 YEARS
             D/O BALAKRISHNAN, "BINILALAYAM", KOOTHALI AMSOM,
             DESOM, P.O.KOOTHALI, KOYILANDY TALUK, KOZHIKODE
             DISTRICT, PIN-673525

             BY ADVS.
             SRI.K.RAKESH ROSHAN
             SMT.THUSHARA.V

RESPONDENTS / DEFENDANTS:

      1      DIETY SREE KAMMOTH MAHAVISHNU TEMPLE,
             KOOTHALI, REPRESENTED BY THE SECRETARY, SREE.KAMMOTH
             MAHAVISHNU KSHETHRA SAMITHI KOOTHALI P.O.KOOTHALI,
             PERAMBRA, KOYILANDY TALUK, KOZHIKODE DISTRICT, PIN-
             673525
      2      EXECUTIVE OFFICER,
             SREE.KAMMOTH MAHAVISHNU TEMPLE, KOOTHALI
             P.O.PERAMBRA, KOYILANDY TALUK, KOZHIKODE DISTRICT,
             PIN-673525
      3      VALLAMPURATH RAJAN,
             AGED 58 YEARS
             S/O POKKAN, BUSINESS, KUTTIPRAM AMSOM, NARIKKATTERI
             DESOM, P.O.VARIKKOLI, PURAMERI, VATAKARA TALUK,
             KOZHIKODE DISTRICT, PIN-682308
                                2
OP(C).No.416 OF 2020




      4      THAYYULLATHIL MEETHAAL BALAKRISHNAN,
             AGED 60 YEARS
             S/O SANKARAN NAIR, COOLIE, THANIMADATHIL HOUSE,
             KOOTHALI AMSOM, DESOM, KOOTHALI P.O.KOYILANDY
             TALUK, KOZHIKODE DISTRICT, PIN -673525

      5      THESSEVEETTIL MADHAVAN,
             AGED 66 YEARS
             S/O KRISHNAN NAIR, RTD TEACHER, THANIMADATHIL
             HOUSE, KOOTHALI AMSOM, DESOM, KOOTHALI
             P.O.KOYILANDY TALUK, KOZHIKODE DISTRICT, PIN-673525


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 14.02.2020,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                    3
OP(C).No.416 OF 2020




                          JUDGMENT

The suit, O.S.No.42 of 2007, filed by the temple represented by the Secretary of Kshethra Samithi, was for recovery of possession on the strength of title. Pending the suit, the Administration and Management of the temple was taken over by Malabar Devaswam Board. Applications were filed as I.A.Nos.484/2018 and 485/2018 seeking impleadment of the Executive Officer of the Board as the 2nd plaintiff and also to effect consequential amendment to the plaint. The court below, as per the orders impugned, allowed the applications.

2. Heard Sri.Rakesh Roshan.K, the learned counsel for the petitioners.

3. Admittedly, pending the suit, Administration of the Temple was taken over by the Board. That being so, it is only proper that the Board is arrayed as a party to the suit. The Board is not only a proper party but is also a necessary party to the suit.

OP(C).No.416 OF 2020 In the circumstances, the orders passed by the courts below are correct in law and warrants no interference.

The Original Petition fails and is accordingly dismissed.

Sd/-

SATHISH NINAN JUDGE rsr 5 OP(C).No.416 OF 2020 APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PLAINT IN OS NO 42/2007 OF THE SUBORDINATE JUDGES COURT, KOYILANDY.

EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY SUPPLEMENTAL DEFENDANT NO.3 OS.NO.42/2007 OF THE SUBORDINATE JUDGES COURT, KOYILANDY.

EXHIBIT P3 TRUE COPY OF THE AFFIDAVIT FILED ALONG WITH I.A NO.484/2018 IN OS NO 42/2007 OF THE SUBORDINATE JUDGES COURT, KOYILANDY ON THE FILE OF THE SUBORDINATE JUDGES COURT, KOYILANDY EXHIBIT P3 (a) TRUE COPY OF THE AFFIDAVIT FILED ALONG WITH IA NO 485/2018 IN OS NO 42/2007 OF THE SUBORDINATE JUDGES COURT, KOYILANDY ON THE FILE OF THE SUBORDINATE JUDGES COURT, KOYILANDY EXHIBIT P4 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONERS HEREIN AS RESPONDENTS 4 TO 6 IN IA NO 484/2018 IN OS NO 42/2007 SUBORDINATE JUDGES COURT, KOYILANDY.

EXHIBIT P5 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONERS HEREIN AS RESPONDENTS 4 TO 6 IN IA NO 485/2018 IN OS NO 42/2007 SUBORDINATE JUDGES COURT, KOYILANDY.

EXHIBIT P6 TRUE COPY OF THE ORDER DATED 21.2.2019 IA NO 484/2018 IN OS NO 42/2007 SUBORDINATE JUDGES COURT, KOYILANDY.

EXHIBIT P7 TRUE COPY OF THE ORDER DATED 21.2.2019 IA NO 484/2018 IN OS NO 42/2007 SUBORDINATE JUDGES COURT, KOYILANDY.

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