PAUL Vs. C I ANTONY

JUDGEMENT

(1.) These revision petitions arise from the judgment of the learned District Judge of Trichur in civil miscellaneous appeal Nos. 34, 33 and 51 of 1969 on the file of his court which arose respectively from M. P. Nos. 818/68, 763 and 2715 of 1969 on the file of the Addl. Munsiff Court, Trichur. The M Ps. were preferred in OS. 1061/62, which was a suit filed for declaration that the election of the defendants as trustees of the Chaldean church at Trichur on 9-12-1962 was void and for an injunction to restrain them from functioning as trustees. In the course of the suit, I.A. 13/64 was filed by the plaintiffs for appointment of a Receiver for the administration of the church and its properties. The application was allowed by the Trial Court; but on appeal by defendants 1 to 10, the application was dismissed by the Addl. District Judge of Trichur. From the order of the Addl. District Judge, the aggrieved plaintiffs came up in revision before this court in CRP. 467/66 and this court in reversal of the judgment of the learned appellate Judge allowed the revision, which eventually was confirmed by the Supreme Court. In its proceedings dated 29-1-1968 the Supreme Court in confirming the order gave the following further direction, viz.-

(2.) The defendants aggrieved by the above orders preferred Civil Miscellaneous Appeals to the District Judge of Trichur. The learned District Judge has dismissed the appeals holding that the orders are not appealable.

(3.) I would, therefore, agree with the lower appellate court in its conclusion that the orders are not appealable. These revision petitions are hence dismissed.