Devi Pournami Sankham v Parambathukulangara Sree Mahakshethram (Pavumba Kali)

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE V.G.ARUN** **TUESDAY, THE 16[TH] DAY OF NOVEMBER 2021 / 25TH KARTHIKA, 1943** ## **OP(C) NO. 2846 OF 2019** **AGAINST THE ORDER IN IA 1064/2019 IN OS 92/2015 OF MUNSIFF COURT,** ## **KARUNAGAPPALLY, KOLLAM** ## **ORIGINAL PETITIONERS:** - **1 DEVI POURNAMI SANKHAM, REG.NO.A 156/2016, A RELIGIOUS ORGANIZATION REGISTERED WITH THE REGISTRAR OF SOCIETIES UNDER THE TRAVANCORE COCHIN LITERARY SCIENTIFIC AND CHARITABLE SOCIETIES REGISTRATION ACT 1955 REPRESENTED BY ITS SECRETARY KUSUMAKUMARI, AGED 63 YEARS, W/O.DIVAKARAN PILLAI, SECRETARY OF DEVI POURNAMISANKHAM, PARAMBATHUKULANGARAMAHAKSHETHRAM, (PAVUMBA KALI), PAVUMBA VILLAGE, MANAPPALLI NORTH MURI, KARUNAGAPPALLY, PIN- 690574.** - **2 VALSALA, AGED 61 YEARS** - **S/O.GOVINDAN, RESIDING AT SHEEJA BHAVAN, MANAPPALLY SOUTH MURI, PAVUMBA VILLAGE, S.R.P. MARKET P.O., THAZHAVA, KARUNAGAPPALLY, PRESIDENT DEVI POURNAMISANKHAM, PIN- 690523.** - **3 VASUDEVAN, AGED 72 YEARS** - **S/O.GOVINDAN, RESIDING AT SHEEJA BHAVAN, MANAPPALLY SOUTH MURI, PAVUMBA VILLAGE, S.R.P. MARKET P.O., THAZHAVA, KARUNAGAPPALLY, TREASURER, DEVI POURNAMISANKHAM, PIN690523.** **BY ADV. SRI. A.JANI** ## **RESPONDENTS/PLAINTIFFS & DEFENDANTS:** - **1 PARAMBATHUKULANGARA SREE MAHAKSHETHRAM, (PAVUMBA KALI), MANAPPALLY NORTH MURI, PAVUMBA VILLAGE, KARUNAGAPPALLY REPRESENTED BY ITS PRESIDENT GOPI, AGED 73 YEARS, S/O.GOPALAN, RESIDING AT KALLETHUVEEDU, MANAPPALLY SOUTH MURI, PAVUMBA VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT, PIN-690574.** - **2 PARAMBATHUKULANGARA SREE MAHAKSHETHRAM, (PAVUMBA KALI), MANAPPALLY NORTH MURI, PAVUMBA VILLAGE, KARUNAGAPPALLY REPRESENTED BY ITS VICE PRESIDENT PRASANNA KUMAR, AGED 65 YEARS, S/O.KRISHNA KURUPPU, RESIDING AT** OP(C) NO. 2846 OF 2019 & 2857 OF 2019 2 **MELOOTTU VEEDU, MANAPPALLY NORTH MURI, PAVUMBA VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT, PIN- 690574.** **3 PARAMBATHUKULANGARA SREE MAHAKSHETHRAM, (PAVUMBA KALI), MANAPPALLY NORTH MURI, PAVUMBA VILLAGE, KARUNAGAPPALLY REPRESENTED BY ITS TREASURER RADHAKRISHNAN, AGED 55 YEARS, S/O.MADHAVAN, RESIDING AT MADHAVA SADANAM, MANAPPALLY SOUTH MURI, PAVUMBA VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM, PIN- 690574.** **4 SAJI, AGED 47 YEARS** **S/O.SADANANDAN, RESIDING AT MANNERETHU HOUSE, MANAPPALLY SOUTH MURI, PAVUMBA VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM, PRESENT SECRETARY, PARAMBIKULATHUMAHA KSHETHRAM (PAVUMBA KALI), PIN- 690574.** **BY ADVS. SRI.P.B.SAHASRANAMAN (R1 TO R3) SRI.T.S.HARIKUMAR (R1 TO R3)** **THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 16.11.2021, ALONG WITH OP(C).2857/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** OP(C) NO. 2846 OF 2019 & 2857 OF 2019 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE V.G.ARUN** **TUESDAY, THE 16[TH] DAY OF NOVEMBER 2021 / 25TH KARTHIKA, 1943** **OP(C) NO. 2857 OF 2019** **AGAINST THE ORDER IN IA 1065/2019 IN OS 490/2014 OF MUNSIFF COURT,** ## **KARUNAGAPPALLY, KOLLAM** ## **ORIGINAL PETITIONERS:** **1 DEVI POURNAMISANKHAM, REG.NO.A 156/2016, A RELIGIOUS ORGANIZATION REGISTERED WITH THE REGISTRAR OF SOCIETIES UNDER THE TRAVANCORE COCHIN LITERARY SCIENTIFIC AND CHARITABLE SOCIETIES REGISTRATION ACT 1955 REPRESENTED BY ITS SECRETARY KUSUMAKUMARI, AGED 63 YEARS, W/O.DIVAKARAN PILLAI, SECRETARY OF DEVI POURNAMI SANKHAM, PARAMBATHUKULANGARA MAHA KSHETHRAM (PAVUMBA KALI), PAVUMBA VILLAGE, MANAPPALLI NORTH MURI, KARUNAGAPPALLY, PIN - 690 574.** - **2 VALSALA, AGED 61 YEARS** **S/O.GOVINDAN, RESIDING AT SHEEJA BHAVAN, MANAPPALLY SOUTH MURI, PAVUMBA VILLAGE, S.R.P.MARKET P.O., THAZHAVA, KARUNAGAPPALLY, PRESIDENT DEVI POURNAMI SANKHAM, PIN - 690 523.** **3 VASUDEVAN, AGED 72 YEARS S/O.GOVINDAN, RESIDING AT SHEEJA BHAVAN, MANAPPALLY SOUTH MURI, PAVUMPA VILLAGE, S.R.P.MARKET P.O., THAZHAVA, KARUNAGAPPALLY, TREASURER, DEVI POURNAMI SANKHAM, PIN - 690 523.** **BY ADVS. SMT. A.JANI(KOLLAM) SMT. NISA FASIL(KOLLAM)** ## **RESPONDENTS/PLAINTIFFS & DEFENDANTS:** **1 M.S.GOVINDAN KUTTY, AGED 72 YEARS, S/O.DAMODHARAN UNNITHAN, RESIDING AT CHITHIRA VEEDU, MANAPPALLY NORTH MURI, PAVUMBA VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM, PIN - 690 574.** - **2 SREEDHARAN,** OP(C) NO. 2846 OF 2019 & 2857 OF 2019 4 **AGED 83 YEARS, S/O.PADMANABHAN, KUTTIYIL VEEDU, MANAPPALLY SOUTH MURI, PAVUMBA VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT, PIN - 690 574.** - **3 BHUVANA CHANDRAN, AGED 73 YEARS, S/O.KRISHNAN, PRAYATTU KIZHAKKETHIL, MANAPPALLY SOUTH MURI, PAVUMBA VILLAGE, MANAPPALLY TALUK, KOLLAM DISTRICT, PIN - 690 574.** - **4 PARAMBATHUKULANGARA SREE MAHA KSHETHRAM (PAVUMBA KALI), MANAPPALLY NORTH MURI, PAVUMBA VILLAGE, KARUNAGAPPALLY REPRESENTED BY ITS PRESIDENT GOPI, AGED 73 YEARS, S/O.GOPALAN, RESIDING AT KALLETHU VEEDU, MANAPPALLY SOUTH MURI, PAVUMBA VILLAGE, KARUNAGAPALLY TALUK, KOLLAM DISTRICT, PIN- 690 574.** - **5 PARAMBATHUKULANGARA SREE MAHA KSHETHRAM(PAVUMBA KALI), MANAPPALLY NORTH MURI, PAVUMBA VILLAGE, KARUNGAPPALLY REPRESENTED BY ITS VICE PRESIDENT PRASANNA KUMAR, AGED 65 YEARS, S/O.KRISHNA KURUPPU, RESIDING AT MELOOTTU VEEDU, MANAPPALLY NORTH MURI, PAVUMBA VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT, PIN - 690 574.** **6 PARAMBATHUKULANGARA SREE MAHA KSHETHRAM, (PAVUMBA KALI), MANAPPALLY NORTH MURI, PAVUMBA VILLAGE, KARUNGAPPALLY REPRESENTED BY ITS TREASURER RADHAKRISHNAN, AGED 55 YEARS, S/O.MADHAVAN, RESIDING AT MADHAVA SADANAM, MANAPPALLY SOUTH MURI, PAVUMBA VILLAGE, KARUNGAPPALLY TALUK, KOLLAM, PIN - 690 574.** **7 SAJI, AGED 47 YEARS, S/O.SADANANDAN, RESIDING AT MANEERETHU HOUSE, MANAPPALLY SOUTH MURI, PAVUMBA VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM, PRESENT SECRETARY, PARAMBIKULATHU MAHA KSHETYRAM (PAVUMBA KALI) PIN - 690 574.** **8 DILEEP KUMAR, AGED 36 YEARS, S/O.DIVAKARAN KURUP, RESIDING AT DILEEP BHAVANAM, MANAPPALLY NORTH MURI, PAVUMBA VILLAGE, KARUNGAPPALLY TALUK, KOLLAM (PRESENT PRESIDENT), PARAMBATHUKULANGARA SREE MAHA KSHETHRAM (PAVUMBA KALI), PIN - 690 574.** **BY ADVS. SRI.P.B.SAHASRANAMAN (R 4 TO R6) SRI.T.S.HARIKUMAR (R 4 TO R6)** **THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 16.11.2021, ALONG WITH OP(C).2846/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** OP(C) NO. 2846 OF 2019 & 2857 OF 2019 5 ## **JUDGMENT** ## **Dated this the 16[th] day of November, 2021** **[OP(C) Nos.2846/2019, 2857/2019]** These Original Petitions are filed against the common order of the Munsiff’s Court, Karunagappally dismissing the applications for impleading filed by the petitioners in two suits, O.S.Nos.490 of 2014 and 92 of 2015. The main prayer in O.S.No.490 of 2014 is to ensure early election to the managing committee of the ‘Parambathu Kulangara Sree Maha Kshethram’ and to direct the persons who are in administration of the temple to handover administration to the elected committee. The other prayer is for a permanent prohibitory injunction, restraining the existing managing committee from alienating the temple properties and interfering with festivals and other rituals, except the day-to-day Poojas. The parties entered into a compromise and moved a OP(C) NO. 2846 OF 2019 & 2857 OF 2019 6 compromise petition under Order 23 Rule 1 of C.P.C. The suit was decreed based on the compromise. Later, a third party approached this Court, challenging the compromise decree. By Ext.P3 judgment in O.P(C)No.56 of 2015, this Court set aside the compromise decree, revived the suit and remitted the matter to the trial court for fresh disposal in accordance with law. While so, the managing committee of the temple filed O.S.No.92 of 2015 seeking permanent prohibitory injunction against the defendants therein from interfering with the management and other affairs of the temple. The attempt of petitioner society to get impleaded in the suits having failed, these Original Petitions are filed. 2. Learned Counsel for the petitioners drew attention to Ext.P3 judgment of this Court to contend that in the first suit, a compromise decree was secured by collusion and the attempt was defeated at the instance of a third party. It is OP(C) NO. 2846 OF 2019 & 2857 OF 2019 7 contended that the petitioners represent the devotees of the temple, who are interested in the proper conduct of its affairs. Therefore, the petitioners are necessary parties for proper and effective adjudication of the disputes raised in the suit. 3. Learned Counsel for the respondents submitted that in Ext.P3 judgment, there is no finding that the compromise decree was obtained by collusion or fraud and on the other hand the judgment is to the effect that the suit being one under Order 1 Rule 8 of C.P.C, the parties were bound to obtain leave of the court as mandated under Order 23 Rule 3-B(2). The court below ought to have published notice under Order 1 Rule 8 before decreeing the suit. It is contended that in O.S.No.92 of 2015, the dispute is between the plaintiffs and the defendants in that suit and the petitioners herein have nothing to do with that dispute. Learned Counsel referred to Order 1 Rule OP(C) NO. 2846 OF 2019 & 2857 OF 2019 8 10 (2) of C.P.C to contend that the impleading of third parties can be allowed only on the court being satisfied that their presence is necessary for effectually and completely adjudicating upon and settling all the questions involved in the suit. Reference is made to Ext.P4 affidavit filed in support of the impleading application to contend that even the petitioners have no case that they are necessary parties. Reliance is placed on the decision of this Court in **Rajeevan v. Deputy Commissioner [2020 (3) KLT 470]** to highlight the relevant factors to be taken into account, while considering an impleading application filed by third parties. 4. Having heard the learned Counsel on either side and having considered the nature of dispute involved, I am of the opinion that the petitioners have a right to be impleaded in O.S.No.490 of 2014, particularly in view of the existing parties having entered into a compromise earlier, resulting OP(C) NO. 2846 OF 2019 & 2857 OF 2019 9 in a compromise decree. Moreover, the prayer in the suit is for the conduct of election to the managing committee of the temple and the presence of the petitioners, who claim to be representatives of the devotees, will definitely aid the effective adjudication of the dispute involved. 5. As regards the prayer for impleadment in O.S.No.92 of 2015, I am of the considered opinion that the petitioners are neither necessary parties nor proper parties. The averments in the plaint and the allegations therein are against the action of the defendants therein and hence, presence of petitioners is not required. In the result, O.P(C).No.2857 of 2019 is allowed and O.P(C).No.2846 of 2019 is dismissed. Ext.P8 order, to the extent it declines the prayer for impleadment of the petitioners in O.S.No.490 of 2014 is set aside. The trial court shall implead the petitioners as additional defendants in O.S.No.490 of 2014. After impleadment, the petitioners shall OP(C) NO. 2846 OF 2019 & 2857 OF 2019 10 be afforded an opportunity to file written statement. Once pre-trial steps are completed, the court below shall take earnest efforts to dispose of the suits expeditiously. **Sd/-** **V.G.ARUN JUDGE** NB/16-11 OP(C) NO. 2846 OF 2019 & 2857 OF 2019 11 ## **APPENDIX OF OP(C) 2857/2019** ## **PETITIONER’S EXHIBITS** **EXHIBIT P1 TRUE OF PLAINT IN O.S.NO.490 OF 2014 PENDING BEFORE MUNSIFF COURT, KARUNAGAPPALLY.** **EXHIBIT P2 TRUE COPY PLAINT IN O.S.NO.92 OF 2015 OF MUNSIFF COURT, KARUNAGAPPALY.** **EXHIBIT P3 TRUE COPY OF JUDGMENT IN O.P.(C) NO.56 OF 2015 OF THE HONOURABLE HIGH COURT OF KERALA.** **EXHIBIT P4 TRUE COPY OF I.A.NO.1064 OF 2019 PREFERRED IN EXHIBIT P2 SUIT.** **EXHIBIT P5 TRUE COPY OF I.A.NO.1065 OF 2019 PREFERRED IN EXHIBIT P1 SUIT.** **EXHIBIT P6 TRUE COPY OF OBJECTION TO EXHIBIT P4 APPLICATION. EXHIBIT P7 TRUE COPY OF OBJECTION TO EXHIBIT P5 APPLICATION.** **EXHIBIT P8 TRUE COPY OF COMMON ORDER IN EXHIBIT P4 AND P5 APPLICATION.** OP(C) NO. 2846 OF 2019 & 2857 OF 2019 12 ## **APPENDIX OF OP(C) 2846/2019** **PETITIONERS’ EXHIBITS EXHIBIT P1 TRUE OF PLAINT IN O.S.NO.490 OF 2014 PENDING BEFORE MUNSIFF COURT, KARUNAGAPPALLY, DATED 28.11.2014.** **EXHIBIT P2 TRUE COPY OF PLAINT IN O.S.NO.92 OF 2015 OF MUNSIFF COURT, KARUNAGAPPALLY. EXHIBIT P3 TRUE COPY OF JUDGMENT IN O.P(C)NO.56 OF 2015 OF THE HONOURABLE HIGH COURT OF KERALA, DATED 13.08.2015. EXHIBIT P4 TRUE COPY OF I.A.NO.1064 OF 2019 PREFERRED IN EXHIBIT P2 SUIT, DATED 22.05.2019. EXHIBIT P5 TRUE COPY OF I.A.NO.1065 OF 2019 PREFERRED IN EXHIBIT P1 SUIT, DATED 22.05.2019. EXHIBIT P6 TRUE COPY OF OBJECTION TO EXHIBIT P4 APPLICATION, DATED NIL. EXHIBIT P7 TRUE COPY OF OBJECTION TO EXHIBIT P5 APPLICATION DATED NIL. EXHIBIT P8 TRUE COPY OF COMMON ORDER IN EXHIBIT P4 AND P5 APPLICATION DATED 24.08.2019.** ## **RESPONDENTS’ EXHIBITS: NIL** ## **TRUE COPY** **P.A TO JUDGE**