K. G. Balakrishnan, C.J.I - (1.) -Leave granted. Application for exemption from filing O.T. is granted.
(2.) An extent of 21 cents of land in Survey No.1042/2 of Mulanthuruthy village, Kanayannur Taluk, Ernakulam District, belonged to Karikkode Sastha and Maha Vishnu Temple under the management of Cochin Devaswom Board (Board for short).
(3.) One T. K. Asokan filed a complaint before the High Court of Kerala alleging that respondents 3 and 4 had encroached upon the said land, and were in illegal possession. The complaint was registered as CDB No.3/1996. The High Court by order dated 12.6.1997 held that the said Sy No.1042/2 (21 cents) was part of the property of Karikkode Sastha and Vishnu Temple and gave a direction to the Board to take possession of the said land without delay. Respondents 3 and 4 challenged the said order before this Court in SLP (C) No.12985/1997 contending that they had acquired title over the said land by their long possession. This Court disposed of the said petition by the following order dated 30.3.1998: "In the facts and circumstances of this case, having heard learned counsel for the parties, we do not think it is a fit case for our interference against the impugned direction of the High Court. The property in question should be delivered to the Devasthanam, if has not been delivered in the meantime. But since the High Court has given a declaration in respect of the property in a summary proceedings, it would be open for the petitioners to establish its title in a regularly instituted civil suit, if so advised and in the event of such a suit is filed, the finding of the High Court will not be a bar for the civil court." In view of the said order of this Court, the High Court closed the complaint (CDB No. 3/1996) by order dated 9.9.1998, with a direction to the Devaswom Board to take possession of the said land, by taking police help, if necessary.;