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1973 Supreme(Mad) 397

M.ISMAIL, S.NATARAJAN
O. Radhakrishnan and another – Appellant
Versus
Manickam and others – Respondent


Advocates:
R.G. Rajan, for Appellant.
K. E. Rajagopalachari, K. Parasaran, The Additional Government Pleader G. Ramaswami), for Respondents.

Ismail, J.- These two appeals arise out of the judgment and decree of the learned Additional Subordinate Judge, Erode in O.S. No. 144 of 1964. The former appeal has been preferred by defendants 8 and 4 therein, while the latter appeal has been preferred by persons who were not parties to the proceedings, but who had obtained the permission of this Court to file an appeal against that judgment.

2. The controversy relates to a Mutt called Sri Thiruvalangadu Immudi Agora Dharma Sivachariar Ayira Vysia Mutt, situate at Nerinjipettai, Bhavani Taluk, Coimbatore District. The history of this suit has been elaborately set out in the judgment of the learned Subordinate Judge of Erode, dated 24th December, 1958 in O.S. No. 155 of 1956 on his file. The plaintiffs and defendants 2 to 10 in the suit are the disciples of the said Mutt which is admittedly an ancient institution. The Deputy Commissioner, Hindu Religious and Charitable Endowments, settled a scheme for the administration of the Mutt in O.A. No. 351 of 1951. The matter was taken upon appeal to the Commissioner and then to the Subordinate Judge’s Court, Erode. Finally a scheme was settled by the Subordinate Judge’s Court, Erode, by jud































































































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