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2019 Supreme(Mad) 194

ABDUL QUDDHOSE
N. Nataraj – Appellant
Versus
P. Kannaiyan (died) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.V.Bhiman for M/s. Sampathkumar and Asso.
For the Respondents: Mr.V.Sivakumar

ORDER :

1. The instant revision has been filed challenging the order dated 13.03.2013 passed by the learned III Additional District Munsif Court, Coimbatore, in I.A.No.596 of 2006 in O.S.No.788 of 2004.

Brief facts leading to the filing of the instant revision:

2. The petitioner is the first defendant in the suit O.S.No.788 of 2004. The suit O.S.No.788 of 2004 was filed by P.Kannaiyan and Chandran claiming to be the president and member of the Gangawar Mahajana Trust respectively against the petitioner and other defendants seeking for a declaration and for an injunction. According to the plaintiffs in the suit, the petitioner does not have any right of interest in the two temples namely Arulmigu Mahaliamman Temple and Arulmigu Pattalamman Temple situated at Street No.3, Weddermenpet Street, Rangai Gowder Street, Coimbatore. The petitioner filed I.A.No.596 of 2006 in O.S.No.788 of 2004 raising a preliminary issue that the suit filed by the plaintiffs in O.S.No.788 of 2004 is undervalued.

3. According to the petitioner, the relief of declaration and injunction should be couched as one relief. Further according to the petitioner, the Court Fees Act provides a separate provision under Sect














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