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2021 Supreme(Mad) 2627

R.MAHADEVAN
Kasidarmam Panchayat Union represented through its President Kadayanallur Panchayat Union Tenkasi Taluk Tirunelveli District – Appellant
Versus
Kasidharmam Ayyavazhi Thirukovil represented through its Trustee Chellapandiyan – Respondent


Advocates Appeared:
For the Petitioners:T.S. Mohamed Mohideen, Advocate.
For the Respondent:T. Vadivelan, Vijaya Rathinam, Advocate Commissioner.

JUDGMENT :

(Prayer: Civil Revision Petition filed under Section 115 of the Code of Civil Procedure against the fair and decreetal order dated 09.07.2013 passed in E.A. No. 229 of 2012 in E.P. No. 84 of 2011 in O.S. No. 136 of 2009 on the file of the Principal District Munsif, Tenkasi.)

The revision petitioners are the defendants 1, 2, 4 and 5 in the suit in O.S.No.136 of 2009 instituted by the respondent herein. They have come forward with this Civil Revision Petition challenging the Order dated 09.07.2013 passed by the Principal District Munsif, Tenkasi, in E.A. No. 229 of 2012 in E.P. No. 84 of 2011 in O.S. No. 136 of 2009.

2. The respondent herein, in his capacity as a Trustee of the Kasidharmam Ayyavazhi Thirukovil, has instituted the aforesaid suit praying to issue a Mandatory injunction directing the defendants to construct compound wall demolished by them at their own costs; and for a mandatory injunction directing the defendants to remove the water pipe line running across the suit schedule property and to lay the same in Panchayat Union Road.

3. According to the respondent/plaintiff, the suit temple is in existence from time immemorial in which deities such as Sri Adhinarayana

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