K. SAMPATH, J.

1. The plaintiff in O.S. No. 171 of 1987 on the file of the Principal Subordinate Judge, Madurai is the appellant in A.S. No. 563 of 1989. The plaintiffs in O.S. No. 178 of 1982 on the file of the Principal Subordinate Judge, Madurai are the appellants in Tr. A.S. No. 504 of 2002.

2. The range of hills going by the nomenclature Azhagar Hills in Chellappanaickenpatti Village, Natham Taluk, Anna District, measuring 15838.4 acres within stated boundaries is claimed by the plaintiff temple in O.S. No. 171 of 1987 viz., Arulmighu Kallalagar Tirukoil, Alagar Koil, represented by its Executive Officer as belonging to it and recovery of possession as also injunction restraining defendants 1 and 2, who are respectively the State of Tamil Nadu, represented by Collector, Anna District, Dindigul, and Chief Conservator of Forest, Tamil Nadu Forest Department, Madras from in any way disturbing underground water source by digging well or in any other manner are sought.

3. The averments in the plaint in O.S. No. 171 of 1987 are as follows:—

3.1: the Temple is an ancient one and the plaint schedule Alagar Hills had always belonged to the plaintiff temple from time immemoria