RAMADEVI Vs. DAIVAPURACKAL BHAGAVATHY TEMPLE

JUDGEMENT

(1.) This appeal is filed challenging the order dtd. 12/4/2024 dismissing an application in I.A.No.12 of 2023 in O.S.No.40 of 2018 of the Subordinate Judges Court, Mavelikara, under Order 40 Rule 1 of the Code of Civil Procedure, 1908 for appointing a receiver. Appellant was the petitioner in the I.A. and plaintiff in the O.S. Respondents were the counter petitioners in the I.A. and defendants in the O.S.

(2.) The original suit was filed by the appellant/plaintiff in a representative capacity for framing a scheme for the smooth administration of the family trust and its temple. According to the appellant/plaintiff, the administration of the family trust as well as the family temple ought to be in accordance with the provisions of two deeds, namely, Nischayapathram of 1081 ME and registered Udambadi of the year 1977. The administration has to be carried out by the members of the Thavazhi line. Since the majority of family members are scattered all over Kerala by the passage of time, according to the appellant/plaintiff, administration of the temple and the trust had been usurped by some people who were connected to the temple and trust by way of marriage and from the paternal line. The plaintiff alleges that the existing Administrative Committee has failed to manage the assets and properties of the trust and the temple as per the provisions of the above referred registered deeds. The appellant/plaintiff thus filed the suit for framing a scheme as aforesaid as well as I.A.No.12 of 2023 invoking Order 40 Rule 1 seeking to appoint a receiver. The learned Sub Judge dismissed the IA and the said order of dismissal is challenged in this appeal.

(3.) A counter affidavit was filed by the 6th respondent contending that the appeal is not maintainable as no appeal would lie from an order dismissing the application under Order 40 Rule 1 and hence the FAO is only to be dismissed. The appellant has filed a reply affidavit refuting the said contention.