BALAKRISHNAN PILLA KRISHNAN KUTTY NAIR Vs. CHAMUNDESWARI DEVIKSHETHRAM

JUDGEMENT

(1.) The challenge in this Original Petition is to the order dtd. 25/3/2017 in O.S.No.4 of 2015 on the file of the Principal Munsiff's Court, Neyyattinkara. The petitioners are the plaintiffs in the Original Suit.

(2.) The plaint schedule property belongs to the family of the plaintiffs and defendant Nos. 5 to 9. The plaintiffs and defendant Nos. 5 and 6 are entitled to 1/6 share each and defendant Nos. 7 to 9 are together entitled to 1/6 share. Defendant No.1 is the Chamundeswari Devi Temple. Defendant No.2 is its Priest. Defendant Nos. 3 and 4 are the office bearers of the temple. As per Partition Deed No.536/1975, the properties were partitioned and the mother of the sharers alienated 6 cents from A schedule item No.2 property to the temple.

(3.) The plaintiffs pleaded that joint possession has become practically difficult. They further pleaded that there is no boundary between the temple property and the plaint schedule property. Therefore, in the Original Suit, the plaintiffs prayed for partition of the property and fixation of boundary between their property and the temple property.