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2007 Supreme(Mad) 64

K.MOHAN RAM
Kannathal & Others – Appellant
Versus
Arulmighu Kanniammal Karuppasamy Thirukoil & Another – Respondent


For the Appellants:S. Parthasarathy, Senior Counsel for Sarvabhavanam Associates, Advocates. For the Respondents:R1, R. Srinivasan, Advocate, R2, M. Rangarajulu, Government Advocate.

Judgment :-

Defendants 3 to 8 in O.S.No.1267 of 1987 on the file of the Second Additional District Munsif Court, Coimbatore who were respondents 3 to 8 in A.S.No.1 of 1998 on the file of the Principal District Court, Coimbatore, being aggrieved by the order of remand dated 211. 1998 made in A.S.No.1 of 1998 have filed the above appeal.

2. For the sake of convenience the parties are referred to as per their ranking in the suit.

3. The case of the plaintiff is as follows:-

In Chettipalayam village, Coimbatore Taluk a Temple known as Arulmigu Kanniamman Karuppasami Thirukkovil is in existence for the last 300 years. The main gate of the Temple faces east. There is also a gate on the west of the rear of the Temple which is invariably closed. There are compound walls on all the sides. The only passage to the Temple is on the north along with the elevated portion of a bund. The Temple is situated to the east of the main Coimbatore Chettipalayam Road. Immediately on the north of the Temple a big kuttai measuring an extent of 2 acres is located but its extent got reduced due to the encroachment made by the first defendant. Immediately adjoining the Temple on the north a large area of an e

































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