IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 AS.No. 356 of 1996() -------------------- OS.248/1993 of ADDL.SUB COURT,ATTINGAL .................... APPELLANTS/PLAINTIFFS: ----------- 1. SREE DURGA BHAGATHY OF THIKKACHI VEEDU KUDIYULLA KOCHINAM VILAKOM SREE DURGA BHAGAVATHY KSHETHRAM, EDAVA. REP. BY THE 2ND APPELLANT. (*)2. R.CHANDRASEKHARA PILLAI, S/O.LATE RAMAN PILLAI, ALUNINNAVILA VEEDU, EDAVA, PRESIDENT OF THE 1ST PLAINTIFFS MANAGING COMMITTEE. (SUBSTITUTED) 3. C.VARADHAN PILLAI, S/O.CHELLAPPAN PILLAI, C.V.VILASOM, EDAVA, SECRETARY OF THE FIRST PLAINTIFF'S MANAGING COMMITTEE (*)4. N.RAVEENDRAN NAIR, S/O.LATE NANU PILLAI, ALUNINNA, N.R.BHAVAN, EDAVA, TREASURER OF THE FIRST PLAINTIFF'S MANAGING COMMITTEE. (SUBSTITUTED) NAMES OF APPELLANTS 2 AND 4 ARE SUBSTITUTED: APPELLANT NO.2: K.RAJAN NAIR, S/O.KUNJAN PILLAI, KACHINAMVILAKAM, EDAVA P.O., PRESIDENT OF THE MANAGING COMMITTEE OF THE FIRST APPELLANT. APPELLANT NO.4: G.RAJEEV, S/O.GOVINDAKURUP, ALUNINNA VILA VEEDU, EDAVA, TREASURER OF THE MANAGING COMMITTEE OF THE THE FIRST APPELLANT. (*) THE ABOVE PERSONS ARE SUBSTITUTED IN PLACE OF APPELLANT NOS.2 AND 4 VIDE ORDER DATED 31.7.2003 ON IA NO.118/2003. BY ADV. SRI.M.P.RAMNATH SRI.MOHAN I.ABRAHAM RESPONDENTS/DEFENDANTS: ------------- 1. N.BHASKARA PILLAI, S/O.LATE NEELAKANTA PILLAI, PLANTHUNDAM VEEDU, EDAVA. 2. THE FEDERAL BANK LIMITED, EDAVA BRANCH, REP. BY IT'S MANAGER. BY ADV. SRI.SIBY MATHEW,M.P.JAYACHANDRAN NAIR SRI.A.ANTONY,MATHEW SKARIA, SMT.LEELAMMA ANTONY,TOMY PAUL THIS APPEAL SUITS HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR ,J. ------------------------------------------------- A.S.No.356 of 1996 ------------------------------------------------- Dated, this the 7th day of March, 2008 JUDGMENT Heard. Admitted. Notice to legal representatives of deceased first respondent is dispensed with as the cause of action does not survive. Advocate Shri A.Antony takes notice for second respondent. Appeal itself is heard and disposed of. 2. Sree Durga Bhagavathy Temple, Kachinam Vilakom Edava, along with its President, Secretary and Treasurer of the managing committee have filed this appeal. The first appellant is the deity. Other appellants are the present President, Secretary and Treasurer of the temple committee which is constituted for looking after the affairs of the temple. On 8.1.1985 an amount of Rs.15,000/- was deposited by the then managing committee of the temple in the second respondent bank. When the amount matured appellants/plaintiffs approached the bank. But the bank insisted that they will release the amount only in case the person who deposited the amount in the bank on 8.1.1985 also signs in the request. Thereafter plaintiffs filed the suit. Trial court also took a view that the stand taken by the bank is correct and dismissed the suit. Challenging that decision this appeal is filed. 3. The only question arising for consideration is whether the stand taken by the bank is correct or not. It is true that the amount was deposited while AS No.356/1996 2 deceased first respondent was an office bearer of the temple committee. Now he is no more also. His legal representatives have no right in the amount deposited in the bank as the amount belongs to first appellant deity. So it is only just and proper that the second respondent bank releases the amount to the account of the temple. In the result, appeal is allowed. The judgment and decree passed by the trial court in O.S.No.248/1993 are hereby set aside. Second respondent bank is directed to release the amount by way of cheque to the temple committee. Temple committee shall produce a copy of this judgment and also furnish the account number of the temple (S.B.A/c.No.2963 with the Edava Service Co-operative Bank Ltd.) before the second respondent bank. On receipt of such a request along with a copy of this judgment, the Manager of the second respondent bank shall issue a cheque in the name of first appellant showing the account number. The appellants shall deposit the cheque with the Edava Service Co-operative Bank Ltd. within a period of one week from the date of receipt of the same. K. PADMANABHAN NAIR, JUDGE. cks AS No.356/1996 3 K.PADMANABHAN NAIR, J. A.S.No.356 of 1996 JUDGMENT 7th March, 2008.