NEDUMPURATH KUDUMBA TRUST Vs. SANTHAKUMARI

JUDGEMENT

(1.) In all these Original Petitions, the petitioners are defendants Nos.1 and 2 in O.S. No.53 of 2020 on the files of the 2 nd Additional Munsiff Court, Kozhikode. The respondents are supplementary plaintiffs Nos.2 to 7 and 3 rd defendant in the suit. O.S. No.53 of 2020 was filed by one Mr.T N Sankaran Nair against the petitioners and the 7 th respondent for a declaration and injunction. The declaration sought is that the plaintiff, till his death, has the right to do rituals and poojas in plaint A and B schedule Kavu, and defendant No.1 trust has no right over plaint A and B schedule Kavu. A permanent prohibitory injunction is also sought to restrain defendants Nos.1 to 3 from obstructing the poojas, rituals and festivals conducted by the plaintiff in plaint A and B schedule properties. A decree for a mandatory injunction to release articles shown in plaint C schedule for conducting festivals and rituals is also prayed for. Pending the suit, on 12/12/2022, the original plaintiff passed away. Respondents 1 to 6 filed I.A. No.1 of 2023 to get themselves impleaded as Legal heirs of the original plaintiff. The trial court allowed the impleading application as per the order dtd. 27/1/2023. The petitioners challenge the order in the said I.A.No.1 in O.S. No.53 of 2020, which is produced as Ext.P3 in O.P.(C) No. 322 of 2024.

(2.) After getting impleaded, respondents Nos.1 to 6 as additional plaintiffs filed I.A. No.5 of 2023 to convert the suit into a representative capacity suit to represent the members of the Nedumpurathu Tharwad.

(3.) A counter affidavit was filed by the petitioners 1 and 2, along with the 7 th respondent. By order dtd. 27/11/2023, the trial court allowed I.A. No.5 of 2023. Order in I.A.No.5 of 2023 is produced in O.P.(C) No.19 of 2024 as Ext.P5. Another I.A., as I.A.No.2 of 2023, is filed by a 3rd party, who is the 1st respondent in O.P.(C) No.57 of 2024, to get herself impleaded as an additional defendant. The said application was allowed as per the order dtd. 27/11/2023. In O.P.(C) No.57 of 2024, the order in I.A.No.2 of 2023 is challenged. Since the petitioners in all the Original Petitions are one and the same, and the orders challenged are also in a single suit, these Petitions are heard together, and a common judgment is passed.