VINOD G.GAVASKAR Vs. VENKATARAMANA TEMPLE DONGARAKERI

JUDGEMENT

(1.) PETITIONERS are defendants 38 and 39 in the trial Court. They have called in question the order dated 31.01.2012 passed on LA. No.11 in O.S. No.38/2011 on the file of the Pri. Civil Judge and concurrent charge of I Addl. Civil Judge, Mangalore, Dakshina Kannada.

(2.) PLAINTIFFS 1 to 77 have filed a suit for declaration declaring that defendants 1 and 2 have ceased to be trustees of defendant No.3- Temple and for injunction.

(3.) THE trial Court, after considering the averments in the application, has found that defendants 1 to 37 have not raised any contention with regard to maintainability of the suit and the Temple is not a Hindu Religious' and Charitable institution, but, it is governed by Trustees appointed under Board order No.3635 dated 03.12.1938. As such, defendant No.3 - Temple does not come under the ambit of Section 92 of CPC. and accordingly, rejected LA. No. 11, as against which, this petition is filed.