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2021 Supreme(Mad) 3043

R.PONGIAPPAN
Ganapathy Pandaram – Appellant
Versus
Arulmigu Mariamman and Vinayagar Temple, Rep. by its Trustee A. Ramasamy Kongal Nagaram, Udumalpet Taluk, Coimbatore District – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr.R.Venkatachalapathy for Mr.S.Kadarkarai
For the Respondent: Mr.K.Sukumaran

JUDGMENT :

PRAYER: Second Appeal is filed under Section 100 of the Civil Procedure Code, against the judgment and decree dated 29.10.2002 made in A.S.No.1 of 2000 on the file of the learned Subordinate Judge, Udumalpet, confirming the judgment and decree dated 16.09.1999 made in O.S.No.574 of 1993 on the file of the learned District Munsif, Udumalpet.

Aggrieved over the concurrent findings made in A.S.No.1 of 2000 dated 29.10.2002 on the file of the learned Subordinate Judge, Udumalpet and in O.S.No.574 of 1993 dated 16.09.1999 on the file of the learned District Munsif, Udumalpet, the appellants, who are the defendants 1 and 2 in the suit, have preferred this Second Appeal, praying to set aside the dismissal order passed by the Court below and to grant a decree in favour of them.

2. For the sake of convenience, hereinafter, the parties, are referred to, as per their litigative status before the trial Court.

3. The laconic averments made in the plaint, are as follows:

    (i). The Temple known as Arulmigu Mariamman and Vinayagar Temple situated at Kongalnagaram Village, Udumalpet Taluk, has been in existence from time immemorial. It is an ancient Temple. Way back in the 18th century, one Pa

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