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2020 Supreme(Mad) 50

S.M.SUBRAMANIAM
Palanisamy – Appellant
Versus
Rathinam (Deceased) – Respondent


Advocates Appeared:
For the Appellants : G. Sumitra (Change of vakalat given, memo filed)
For the Respondents:Died, steps taken, E. Neelakandan, Government Advocate (HR&CE), T.S. Vijaya Raghavan, A.V. Arun, Advocates

JUDGMENT :

(Prayer: Appeal Suit is preferred under Section 17 (2) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 against the order and decree dated 07.11.1994 passed in O.S.No.204 of 1985 on the file of the learned Sub Judge, Sangagiri. (E.B. Amended vide order of Court dated 29.10.2015 made in A.S.No.11 of 1995))

1. The appeal suit on hand is directed against the judgment and decree dated 07.11.1994 passed by the learned Sub Judge, Sangagiri in O.S.No.204 of 1985.

2. The appellants in the appeal suit are the plaintiffs in the suit and the respondents in the appeal suit are the defendants in the suit.

3. For the sake of convenience, the ranking of the parties in the appeal suit would be referred to as per their ranks before the Trial Court.

4. The suit was instituted by the plaintiffs to set aside the order of the second defendant/second respondent-Commissioner of Hindu Religious and Charitable Endowments Department, Chennai in A.P.No.31 of 1981 and declare that the plaintiffs are the Hereditary Trustees of the fourth defendant/fourth respondent-Temple.

5. The facts in brief, as stated by the plaintiffs in the plaint, are that Arulmigu Karia Kaliamman Temple is sit

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