K.T. MURALEEDHARAN Vs. GURUVAYUR DEVASWOM AND ORS.

JUDGEMENT

(1.) These appeals are preferred challenging the common order passed in a batch of applications for temporary injunction filed invoking order XXXIX Rule 1 of the Code of Civil Procedure.

(2.) The facts relevant for decision of these appeals are the following:

(3.) The Devaswom filed objections to the applications for temporary injunction contending mainly that the suits are premature. According to the Devaswom, under Sec. 28 of the Act, the Devaswom is entitled to take and be in possession of its immovable properties and for the said purpose, it is entitled to move the District Collector for assistance. It was their case that the Devaswom had already moved the District Collector for assistance, as provided for under Sec. 28(2) of the Act and that the plaintiffs will be evicted only after obtaining orders from the District Collector. According to the Devaswom, in the matter of rendering assistance to the Devaswom, the District Collector will hold a summary enquiry and in that event, the plaintiffs will also be heard by the District Collector. It was their contention that in the circumstances, the plaintiffs have no cause of action to institute suits against the Devaswom seeking the aforesaid relief.