Case: B. Muthukrishnan (dead) by L.Rs Vs. S.T. Reddiar Educational and Charitable Trust and Ors

2. Keeping in view the nature of order that we are passing for disposal of these appeals, it is not necessary to set out the facts much less in detail3. The impugned order reads as under:The interim stay is modified. The judgment of the Courts below directing the framing of a scheme is in respect of the trust properties A to D including the temple (C Schedule). Though it is contended by the Appellant that there is no mis-management as regards the properties are concerned, evidently, in the temple, at present no rituals, poojas etc. are conducted. In such circumstances, we vacate the stay with respect to any interim arrangements to be made for the revival of the temple poojas. The interim stay will continue only in respect of other properties. It is open to the Respondents to move any application before the Courts below for such temporary arrangements.

Reasoning: 4. It is not in dispute that the impugned orders are interim in nature having been passed in pending Regular First Appeal filed by the Defendants (Respondents herein) against the judgment and decree dated 11.03.2008 passed by the Trial Court in O.S. No. 1 of 2003, which decreed the Plaintiffs (Appellants) suit. It is also not in dispute that the first appeal out of which these appeals arise in which the impugned orders were passed is still pending for its final disposal.