SADASIVAN Vs. SADASIVAN NAIR

JUDGEMENT

(1.) This Original Petition has been filed under Article 227 of the Constitution of India challenging Ext.P3 order, viz., order in I.A.No.3671/2016 in O.S.No.46/2009 on the file of Principal Munsiff Court, Neyyattinkara, dtd. 23/8/2016. The original petitioners are the plaintiffs in the above Suit and the respondents herein are the respondents in the above Suit.

(2.) Heard the learned counsel for the petitioners Advocate Arun.V.G; Advocate Shinod.P, appearing for respondents 1 to 12; Advocate Govind Padmanabhan appearing for Respondents R14 and 15 and Advocate Vinod Raveendra Nath appearing for respondents 20 to 23.

(3.) Originally, the petitioners herein as plaintiffs filed a Suit for a prohibitory injunction restraining the defendants from forcefully taking the administration of Alara Sree Bhadrakali Temple, Perumpazhuthoor and also from forcefully obstructing the construction of Sreekovil as part of temple reformation. While the Suit has been pending, Ext.P2 application was filed to hear and decide issue No.3, viz. "Is the suit maintainable in view of S.92 of the Civil Procedure Code, 1908?". It has been contended before the trial court that the additional third issue referred above shall be heard and decided before trial.