P.HARIKUMAR Vs. P.SAJIKUMARAN NAIR

JUDGEMENT

(1.) The petitioners are the plaintiffs in a suit filed under Section 92 of the Code of Civil Procedure. The reliefs claimed in the suit reads as under:-

(2.) The dispute involved relates to the management of Perappooru Devi Temple which is a public trust formed as per registered document No.344/93. As per the trust deed, the board of trustees were to be comprised of 15 members. The term of the board was to be 5 years. Out of the 15 members, 8 were to be elected from the Perappooru family and 7 from the general public. The plaintiff alleged that the defendants who were in management, violated the terms of the trust and created a new trust deed bearing no.387/2008 with regard to administration of trust. As per the new trust deed, the total strength of the trust was limited to 75 members. The strength of the board was enhanced to 21, to be constituted by 20 members from the public and one from the Perappooru family. This lead to the litigation.

(3.) Pending the suit Ext.P4 settlement dated 30.11.2015 was arrived at in mediation. The settlement was accepted by the court and judgment passed in terms thereof on 14.12.2015. The settlement with the judgment is produced as Ext.P4 along with this original petition.