KOLLAMPUZHA BHAGAVATHY TEMPLE, ATTINGAL VILLAGE Vs. BIJU KUMAR

JUDGEMENT

(1.) This appeal is filed challenging the order dtd. 25/11/2024 in I.A.No.7 of 2024 in A.S.No.56 of 2023 of Sub Court, Attingal. Appellants were the petitioners in the I.A. Respondents were the respondents therein.

(2.) O.S.No.221 of 2019 was filed before the Munsiff Court, Attingal by the appellants (hereinafter referred to as 'the plaintiffs') inter alia seeking to declare that the eldest male member (Karanavar) of Paravanvilakom family is the person having right to manage the plaint schedule property viz., Kollampuzha Paravanvilakathu Bhagavathy Temple and its properties. Ancillary prayers including a prayer for permanent prohibitory injunction restraining the respondents herein (hereinafter referred to as 'the defendants') from interfering or causing obstruction to the Karanavar from managing/administering the plaint schedule property was also sought. The suit was decreed by the Munsiff Court vide judgment and decree dtd. 13/11/2023. Challenging the same, the defendants filed an appeal numbered as A.S.No.56 of 2023 before the Sub Court, Attingal and obtained a stay. The plaintiffs filed O.P.(C) No.1674 of 2024 before this Court, which was disposed of vide judgment dtd. 13/9/2024 directing expeditious consideration and disposal of I.A.No.7 of 2024 in A.S.No.56 of 2023 filed by the plaintiffs which sought for the appointment of a receiver for temporary administration of the plaint schedule property. The Sub Court heard the I.A. and rendered an order allowing the I.A., but by appointing defendant No.1 as the receiver. The said order is impugned in this F.A.O.

(3.) Heard Sri.Manu Ramachandran, Advocate, for the appellants/plaintiffs and Sri.G.S.Reghunath, Advocate for the 1st respondent/1st defendant.