The petitioners are a board and a committee constituted under the board to manage the affairs of the Thiru Keralapuram Sreekrishna Swamy temple.
They claimed that the High Court erroneously created an altogether new case and framed fresh issues at the stage of a second appeal while directing for the keys of the temple to the handed over to the respondents.
“In the absence of a prayer or pleading on behalf of the Respondent qua title and possession over the schedule property, the Hon’ble High Court, at the stage of second appeal, has erroneously framed the said issue, which is beyond the pleadings and material on record, causing grave prejudice to the Petitioner Board herein,” the plea reads.
Source: Barandbench
