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2022 Supreme(Mad) 1885

A. A. NAKKIRAN
Mannadheswarar Sri Pachaimman Temple, Represented by its Trustees, S. Sundaramurthy Pillai and V. Sachidanandam Pillai (died) – Appellant
Versus
Hindu Religious and Charitable Endowment Department (Administration) Represented by its Commissioner, Chennai – Respondent


Advocates appeared:
For the Appellant:P.B. Balaji, Advocate. For the Respondents: T. Chezhiyan, AGP.

JUDGMENT

(Prayer: This Appeal Suit has been filed, under Order 41 Rule 1 read with Section 96 of CPC, against the judgement and decree, dated 02.11.2012, made in OS.No.8455 of 2010, by the IV Additional Judge, City Civil Court, Chennai.)

1. This Appeal Suit has been filed, against the judgement and decree, dated 02.11.2012, made in OS.No.8455 of 2010, by the IV Additional Judge, City Civil Court, Chennai.

2. The suit was filed for declaration that the Plaintiff Temple is a Denomination Temple, coming within the meaning of the Article 26 of the Constitution of India and for permanent injunction.

3. The case of the Plaintiff is that the Plaintiff Temple belongs to Thiruneelakanda Marabinar, Shanmugananapuram or Kosapet Samuthayam of Kuyavars and it was established by the forefathers of the present Trustees about more than 200 years ago. The forefathers of the Trustees had built up the Temple in 1903 and properties were endowed to the Temple by C.Munusmy Pillai, who is the grandfather of the present Trustees. On 07.09.1978, the present Trustees established Sri Durgai Amman and Navagraha statues and renovated the same on 09.02.1998. The Trustees had filed an application before the Joint Co

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