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N. ANAND VENKATESH
Vijayamangalam Naidu Periya Vettukarap Pangaligal, Arulmigu Karuppanar, Muthayee, Kannimar Padavaikkari Kovil by Sundaram alias Meenatchi Sundara Managing Trustee – Appellant
Versus
M. Murugesan – Respondent
JUDGMENT
(Prayer: Second Appeal filed Under Section 100 of the Code of Civil Procedure against the Judgment and Decree of the Subordinate Judge, Namakkal in A.S.54/2010 dated 23.08.2012, confirming the judgment and decree of the District Munsiff, Rasipuram, in O.S.No.9 of 2008 dated 11.08.2010.)
1. The plaintiffs are the appellants in this Second Appeal.
2. The plaintiffs filed the suit seeking for the relief of declaration to declare that they are the Managing Trustees, who are in control of the administration of the suit temple under the settlement deed dated 25-8-1947 and for a permanent injunction restraining the defendants from interfering with the administration of the Temple and restraining the defendants from occupying the suit Temple and the building attached to it. The plaintiffs also claimed for the relief of mandatory injunction to direct the defendants to hand over the keys of the suit Temple and building attached to it.
3. The case of the plaintiffs is that the suit Temple belongs to the Naicker Pangaligal. Originally, it belonged to one Sundaram @ Mennakshi Sundaram who was the Managing Trustee and the plaintiffs 2 to 5 are the family members of the Managing Trust. Accor
The settlement deed dated 25-8-1947 created a Trust in favor of the deities of the Temple and assigned specific duties to each branch, creating hereditary rights to administer the Temple.
A party claiming hereditary trusteeship over temple properties must establish valid claims against previously executed deeds and demonstrate appropriate legal standing to pursue a suit related to suc....
To declare a temple as denominational, it must be established/founded by a denominational community and be in the management and administration of that community. Mere management/administration by a ....
The court affirmed the hereditary trusteeship of defendants, ruling that plaintiffs failed to prove mismanagement or entitlement to non-hereditary trusteeship under the Hindu Religious Charitable End....
A deity cannot be represented in a lawsuit by worshipers without proper legal standing; only identified office bearers of a society can act on its behalf. The temple in question is a private temple b....
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