ASOK KUMAR Vs. COHIN DEVASWOM BOARD

JUDGEMENT

(1.) Appellant is the plaintiff in O.S.No.179/2006 on the file of the Principal Subordinate Judge's Court, North Paravur. The suit was filed for declaration of title, fixation of boundary and for consequential injunction. The court below considered the question of maintainability of the suit as a preliminary issue and by order dated August 8, 2006 it has been held that the suit was not maintainable on the ground that it is barred under Section 124 of the Travancore Cochin Hindu Religious Institutions Act, 1950.

(2.) Learned counsel for the parties have addressed the court elaborately. In view of the order that we propose to pass we do not deem it necessary to deal with the other grounds. Learned counsel for the appellant submits that the appellant is prepared to institute a fresh suit before the appropriate civil court since he had already issued notice under Section 124 of the Act. He prays for some breathing time to enable him to prefer the suit. He further submits that the appellant may be permitted to withdraw the appeal and the suit with liberty to file a fresh one.

(3.) Learned counsel for the respondents takes strong exception to the grant of any liberty to the appellant to institute a fresh suit. It is contended by him that the past conduct of the appellant would disentitle him to the liberty to file a fresh suit. When this appeal was admitted this court had granted an order of interim injunction restraining the respondents, their agents or men from interfering with the plaintiff's peaceful possession and enjoyment of the plaint schedule properties in the suit or "making any constructions therein (outside the temple compound of the temple)" till the disposal of the appeal. Learned counsel for the appellant submits that the interim order of injunction may be kept in force for one week till the appellant is able to file a fresh suit and obtain appropriate interim orders from the civil court.