Radhakrishnan, J.

We are in this case primarily concerned with the scope and ambit of Section 62(1)(ii) of the Madras Hindu Religious and Charitable Endowment Act, 1951 which says that the civil court can modify or cancel an order passed by the Deputy Commissioner under section 57, section 58 or section 60 read with subsection (1)(a), (2), or (4)(a) of section 19 but it shall have no power to stay the Commissioner’s order pending disposal of the suit.

2. Petitioner is the senior most member of the Madathinkeezhil Tharavadu and is the hereditary trustee of Shri Bhayanamkavu Bhagawathy Temple which is a private temple belongs to that family. Being the senior most member of the family and hereditary trustee he manages the affairs of the temple. While so, 5th respondent, one of the members of the family who is in enimical terms with the family of the petitioner due to certain civil litigations inter se filed OA.No.20 of 2003 under section 57(a) of the HR & CE Act seeking a declaration to the effect that the temple managed by the petitioner is a public temple coming under the purview of the HR & CE Act and also for appointment of an Administrator for the management of the temp