Authority: Supreme Court of India, Civil Appellate Jurisdiction
Order Date: 27 July 2026
Case Overview
- Parties: Thattayil Orippurarth Bhagavathy Devaswom & Ors. (Appellants) vs. Gopalakrishnan & Ors. (Respondents).
- Background: A scheme suit numbered OS No.132 of 1997 was filed and subsequently dismissed by the Subordinate Judge, who found no reason to settle a scheme because the temple was properly administered. An earlier similar suit had been abandoned.
- High Court Proceedings: The High Court of Kerala at Ernakulam, in CMA No.39/2015 dated 16‑12‑2021, allowed a Regular First Appeal (RFA) despite a delay of 1,381 days, condoning the delay on a liberal view to “advance justice.”
- Grounds for Appeal: The appellants contended that the 1,381‑day delay was unexplained, that discussions held after the dismissal of the scheme suit were irrelevant, and that the administrators of the temple had no reason to participate in such discussions. They argued that condoning such a delay would cause undue hardship and prejudice to the temple.
- Counsel: Senior Counsel Gagan Gupta appeared for the appellants; Senior Counsel V. Chitambaresh appeared for the respondents, with additional advocates listed for both sides.
- Bench: The matter was heard by Hon’ble Justices J. B. Pardiwala and K. Vinod Chandran.
Final Outcome
- The Supreme Court reversed the order of the learned Single Judge, holding that the delay of 1,381 days was unexplained and could not be justified.
- The appeal is allowed; the impugned High Court order is set aside.
- All pending applications, if any, are disposed of.
- The Court emphasized that disrupting the valid administration of the temple would advance injustice.
Topics: Temple Administration, Delay Condonation, Supreme Court Judgment