THRIKKAVU KSHETHRA SAMRAKSHANA SAMITHI Vs. SAMOOTHIRI RAJA

JUDGEMENT

(1.) O.P.(C)No.2592/2018 is filed by Thrikkavu Kshethra Samrakshana Samithi. The prayer therein is for a direction to the District Court, Manjeri to issue carbon copy of order dated 8.10.2018 in I.A.No.1149/2018 in O.P.(Transfer) No.160/2018 on its file to the petitioners immediately. There the second prayer is that all further proceedings in I.A.No.999/2018 in O.S.No.115/2017 on the files of the Munsiff ­ Magistrate's Court, Ponnani shall be stayed until a certified copy as mentioned in prayer No.(i) is obtained by the petitioners.

(2.) O.P.(C)No.2601/2018 is filed by the Zamorin Raja of Calicut. He is the plaintiff in O.S.No.116/2017 on the files of the Munsiff- Magistrate Court, Ponnani. His case is that he moved an application as I.A.No.999/2018 wherein the prayer is that the 'Navarathri' festival is gong to be started from today in the Thrikkavu Kshetra and a temporary mandatory injunction may be granted directing the respondents therein to give temporary possession of the building therein allegedly constructed for the benefit of the temple deity.

(3.) After hearing the submissions, it can be seen that in O.P. (C)2601/2018, the prayer is to allow Ext.P4, on the files of the Munsiff's Court, Ponnani. Surely, as per the prayer itself it is evident and clear that it is under the consideration of the Munsiff's Court at Ponnani. The other prayers are to restrain the respondents from interfering with the smooth functioning of the Navarathri festival for the year 2018 of Thrikkavu Sree Durga Devi Temple. Actually it is a prayer for interim prohibitory injunction. Admittedly, the suit is now pending before the court below. Under the supervisory jurisdiction, an order as requested for need not be considered at this stage.