LAWS(KER)-2012-11-654

GOPINATHAN Vs. SREE DURGA BHAGAVATHIKAVU TRUST AND ORS.

Decided On November 30, 2012
GOPINATHAN Appellant
V/S
Sree Durga Bhagavathikavu Trust And Ors. Respondents

JUDGEMENT

(1.) THE court below has by the orders impugned allowed the application for impleading and set aside the ex -parte decree in a suit for declaration and consequential injunction. The suit is in relation to the management of a temple and its property and is filed in a representative capacity. The suit was decreed ex -parte even though the plaintiffs did not succeed in securing a favourable order in the application for temporary injunction. The specific case of the impleading petitioners is that the defendants have colluded with the plaintiff resulting in the ex -parte decree. The adverse decree passed ex -parte even though the plaintiffs did not secure a favourable order in the application for temporary injunction is highlighted. The further fact that criminal cases were compounded even though there was no necessity for the same is the other reason pointed out by the impleading petitioners.

(2.) THE court below has noticed that the impleading petitioners have sufficient interest in order to maintain an application to set aside the ex -parte decree. Such an impleading petition was necessary since the office bearers of Sree Durga Bhagavathikavu Trust changed in course of time. The court below has only reopened the decree to enable the parties to contest the suit on merits taking note of the fact that the dispute relates to the administration of a temple and its property. I am not inclined to interfere with the discretion exercised by the court below in setting aside the ex -parte decree on payment of costs to the plaintiffs. The orders suffer from no error of jurisdiction as to warrant interference under Section 115 of the Code of Civil Procedure. The court of the Additional Munsiff of Cherthala is however directed to dispose of O.S. No. 1006/1998 finally before the court closes for summer recess in the year 2013.