SREERAMA VILASAM BHAJANAYOGAM Vs. SREERAMAVILASAM, N.S.S. KARAYOGAM NO. 638, PAMPADY KARA AND VILLAGE, REPRESENTED BY ITS PRESIDENT, K.P.PARAMESWARAN NAIR, KIZHAKKEDATHU HOUSE, PAMPADY KARA AND VILLAGE AND OTHERS

JUDGEMENT

(1.) Aggrieved by the judgment and decree passed by the learned Additional District Judge, Kottayam in A.S.No.97 of 2007, the defendants 1, 2 and 4 in O.S.No.56 of 1999 on the file of the Additional Munsiff's Court, Kottayam have preferred R.S.A.No.466 of 2013. Aggrieved by the same judgment and decree, the appellants in R.S.A.No.1133 of 2009 (plaintiffs) preferred an appeal before the Additional District Court, Kottayam as A.S.No.29 of 2008 with a delay of 316 days. Finding that there was no sufficient cause for condonation of the delay, the application filed under Section 5 of the Limitation Act was dismissed by the lower appellate court and consequently the appeal preferred by plaintiffs against the judgment and decree in O.S.No.56 of 1999 on the file of the Additional Munsiff's Court, Kottayam was dismissed.

(2.) Heard the learned counsel appearing for the plaintiffs and the contesting defendants.

(3.) Plaintiffs in the suit prayed for prohibitory and mandatory injunction reliefs in respect of Sree Krishnaswami Temple, Pampadi and the properties belonging to the temple. 1st plaintiff Sreerama Vilasam Bhajana Yogam, according to the learned counsel for the plaintiffs, is a legal entity. It obtained an extent of 43.225 cents of land in 1099 ME. 1st plaintiff thereafter constructed a bhajana madom and a Sree Krishna Temple was consecrated thereafter. Till 1978 they were administering the temple and properties. In 1978, they entrusted the administration to the 1st defendant NSS Karayogam. When Karayogam started asserting rights over the temple and properties, plaintiffs approached the trial court seeking the above mentioned reliefs.