Govindan Munda Valappil vs Chembilode Devaswom Vaka ...
2021 Latest Caselaw 13584 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                  THE HONOURABLE MR.JUSTICE V.G.ARUN
     THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
                       OP(C) NO. 1074 OF 2021
         OS 251/2018 OF MUNSIFF COURT, HOSDRUG, KASARGOD
PETITIONER/S:

    1       GOVINDAN MUNDA VALAPPIL
            AGED 69 YEARS
            S/O. KUNHAMBU , AGRICULTURE, CHANDERA, MANIYAT
            VILLAGE, P.O.MANIYAT, HOSDURG TALUK, KASARAGOD
            DISTRICT, 671 310.
    2       BHASKARAN V,
            AGED 63 YEARS
            S/O. MULIYIL RAMAN, AGRICULTURE, ABHINALAYAM, SOUTH
            MANIYAT, MANIYAT VILLAGE, P.O. MANIYAT 671 310,
            KASARAGOD DISTRICT.
            BY ADV M.M.ANTO


RESPONDENT/S:

    1       CHEMBILODE DEVASWOM VAKA CHANDERA SREE CHEMBILODE
            BHAGAVATHY KSHETHRAM SAMUDAYEES
            REPRESENTED BY V.V. AMBUKUNHI, S/O. KARUTHAMBU, 69
            YEARS, SOCIAL SERVICE, MANIYAT VILLAGE, P.O.MANIYAT,
            HOSDURG TALUK, 671 310.
    2       VALIYA VEETIL KARTHIYAYANI,
            AGED 64 YEARS
            D/O. VELLACHI AMMA,NO EMPLOYMENT, CHANDERA, MANIYAT
            VILLAGE, P.O. MANIYAT, HOSDURG TALUK, 671 310.
    3       VALIYA VEETIL KUNHIPARU,
            AGED 62 YEARS
            D/O. VELLACHI AMMA, NO EMPLOYMENT, CHANDERA, MANIYAT
            VILLAGE, P.O. MANIYAT, HOSDURG TALUK, 671 310.

     THIS    OP    (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
01.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(C)No.1074     of 2021

                                  2


                              JUDGMENT

Dated this the 01st day of July, 2021

I.A.No.1 of 2021 in O.S.No.251 of 2018 was

filed by the petitioners seeking impleadment in

their capacity as Samudayees of the first

respondent temple. The interlocutory application

was dismissed, noting certain technical flaws in

the application. I find the reasons stated for

dismissal of the applications to be proper. At

the same time, being technical defects, an

opportunity to file proper application ought to be

provided. Accordingly, the original petitions are

dismissed, without prejudice to the petitioner's

right to file proper applications.

Sd/-

V.G.ARUN JUDGE Scl/01.07.2021 O.P.(C)No.1074 of 2021

APPENDIX PETITIONER'S/S EXHIBITS:

Exhibit P1 TRUE COPY OF THE PETITION IN IA 1 OF 2020 ALONG WITH AFFIDAVIT DATED 17.09.2020 Exhibit P2 TRUE COPY OF THE PLAINT IN OS 251 OF 2018 DATED 31.08.2018.

Exhibit P3 TRUE COPY OF THE WRITTEN STATEMENT DATED 05.02.2019.

Exhibit P4 TRUE COPY OF THE COUNTER IN IA 1 OF 2020 FILED BY THE DEFENDANTS DATED 19.02.2021.

Exhibit P5 TRUE COPY OF THE COMMON ORDER IN IA 1 OF 2020 AND IA 2 OF 2021 DATED 09.03.2021.