G.VIJAYANATHA KURUP Vs. N.R.RAJENDRAN

JUDGEMENT

(1.) This appeal is at the instance of defendants 12 and 13 in O.S.No.1/2006, on the files of the court of the I Additional District Judge, Kollam. It transpires that pending this lis, the first appellant has given up his contentions, while the second appellant died. Consequently, the third appellant, who claims to be the legal representative of the deceased appellant - being the person allegedly authorised to represent the family of the said appellant - has brought himself on record, which was sanctioned by this Court through the order dated 07.03.2019 in I.A.No.2/2019.

(2.) Therefore, as matters now stand, only the third appellant is prosecuting this appeal and he claims to be the representative of the family of "Sthanis" (hereditary trustees) of the "Eastern Althara" of the "Oachira Parabrahma Temple" (for short, 'the Temple').

(3.) I notice that, originally, another appeal had also been filed by some of the other defendants as R.F.A.No.575/2010, which had been tagged along with this appeal and the contentions therein was that the impugned judgment and decree of the Trial Court, as per which, a scheme was directed to be framed for administration of the Temple under the provisions of Section 92 of the Code of Civil Procedure (CPC), was untenable, since the Temple has been traditionally governed and administered by the hereditary trustees. However, through a separate order, this Court has already disposed of the said appeal as having been not pressed and therefore, as presently situated, there is no challenge against the framing of the scheme for the administration and management of the Temple and the establishments under it. I say so because the sole issue impelled in this appeal is not against the framing of the scheme for the administration of the Temple, but against the finding of the Trial Court that the "Sthanis" of the Eastern and Western Altharas have no right over the management of the temple or to receive any share from the contribution made by the devotees into the "Kanikkas" therein.