LAWS(KER)-2011-3-88

V P RAMACHANDRAN ADVOCATE Vs. EDODIYIL LAKSHMIKUTTY AMMA

Decided On March 14, 2011
V.P.RAMACHANDRAN Appellant
V/S
EDODIYIL LAKSHMIKUTTY AMMA Respondents

JUDGEMENT

(1.) PETITIONER was appointed as receiver in O.S.155 of 1992 before the Munsiff's Court, Vatakara by this court by way of a common order dated 7.8.1995 in C.R.P. 950 of 1995 and other connected C.R.Ps. The petitioner took charge in pursuance to the said order and has submitted the accounts till January, 2011. It is pointed out that a few applications are pending before the learned Munsiff for orders regarding the matter. PETITIONER has moved a memo on 15.11.2010 seeking to have himself relieved from the post of receiver due to personal reasons. He pointed out that he was unable to continue his work properly and that he may be excused. He also pointed out that he is finding it difficult to carry on with the affairs of the temple. The copy of the memo so submitted is produced as Ext.P2.

(2.) LEARNED counsel for the petitioner submits that the suit was decreed on 2.4.2008 declaring that the management of the temple belongs to the three tharawads and plaintiff has Oorayma right of the temple. Against the decree, two appeals have been preferred as A.S. Nos. 36 of 2008 and 35 of 2008, which are pending consideration before the Sub Court, Vatakara. In the light of the pendency of the appeals, it is submitted that the learned Munsiff is disinclined to consider the memo filed by the petitioner seeking to have the petitioner relieved from the post of receiver.