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2015 Supreme(Mad) 2389

P.R.SHIVAKUMAR
Commissioner, Hindu Religious and Charitable Endowment Department – Appellant
Versus
Arulmigu Sri Pethanadeshwarar and Pethanayagiammal Thirukovil Vasudevanallur through its Akdhar V. K. Palani Rajan @ Radha, Vasudevanallur, Sivagiri Taluk – Respondent


Advocates:
Advocate Appeared:
For Appellants: Mr. V.R. Shanmuganathan, Special Government Pleader.
For Respondents: Mr. S.S. Sundar, for Mr. M.P. Senthil.

JUDGMENT

The officials of the Hindu Religious and Charitable Endowments Department and the Secretary to Tamil Nadu Government, Tamil Development and Religious Trust Department and Information are the appellants in the Second Appeal. The respondents herein filed the suit O.S.No.245/2010 on the file of the Court of the learned District Munsif cum Judicial Magistrate, Sivagiri against the appellants herein arraying them as defendants 1 to 5 and praying for a declaration that the suit temple is a private temple belonging to the family of the respondents herein/plaintiffs, for a consequential injunction not to interfere with their management of the said temple by appointing any person as Fit Person or in any other capacity and for costs.

2. The learned trial judge decreed the suit granting the reliefs sought for by the respondents herein/plaintiffs without cost by a judgment and decree dated 05.02.2013. The appellants herein preferred an appeal before the lower Appellate Court, namely the Sub Court, Sankarankoil in A.S.No.8/2013. The learned lower Appellate Judge, on a re-appreciation



























































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