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2022 Supreme(Mad) 1547

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


Advocates appeared:
For the Appellant:J. Srinivasamohan, Advocate. For the Respondents:P. Muthukrishnan, R1 to R6, S. Sathish Kumar, Advocates, R7 & R8, No Appearance.

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

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