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2005 Supreme(Mad) 1827

D.MURUGESAN
Joint Commissioner, Hindu Religious and Charitable Endowment Department – Appellant
Versus
Ambasamudram Taluk & Others – Respondent


Advocates Appeared:For the Petitioner:S. Meenakshi Sundaram, Advocate. For the Respondents:R1/Caveator, T.S.R. Venkatramana, Advocate.

Judgment :-

1. The revision petition questions the decretal order passed in I.A. No.113 of 2005 in O.S. No.116 of 2004 dated 25.8.2005 on the file of the Additional District Munsif Court, Ambasamudram, dismissing the interlocutory application filed for condonation of the delay of 306 days in filing the application to set aside the ex parte decree.

2. Following are the few facts leading to the filing of the revision petition. The first respondent is Ambasamudram Vatta Thirukoil Paniyalargal Sangam. The said Sangam initially filed a suit before the Sub Court, Ambasamudram, which was numbered as O.S. No.55 of 2001, praying for a judgment end decree of declaration declaring that the members of the Sangam are the Government servants and for a consequential relief of injunction restraining the revision petitioner from effecting publication to the effect that the members of the Sangam are the employees of the temple. The suit was transferred to the file of the Additional District Munsif in view of the change of jurisdiction of the Courts and was numbered as O.S. No.116 of 2004. As the revision petitioner, the fourth defendant in the suit, did not appear in Court, an ex parte order was pass















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