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2023 Supreme(Mad) 2874

S. S. SUNDAR, P. B. BALAJI
Arulmigu Vedharanyeswaraswami Devasthanam, Vedharanyam – Appellant
Versus
Venkatachalam (died) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.S.Kingston Jerold
For the Respondent: Mr.D.Babu, Mr.S.Anbalagan

JUDGMENT :

S.S. SUNDAR, J.

Prayer : Appeal Suit filed under Section 96 of Code of Civil Procedure against the judgment and decree dated 23.04.2012 in O.S.No.5 of 2006 on the file of the District Court, Nagapattinam.

The appeal is directed against the judgment and decree, dated 23.04.2012, in O.S.No.5 of 2006 on the file of the District Court, Nagapattinam. The plaintiff in the suit in O.S.No.5 of 2006, which is a religious institution represented by its Executive Officer, is the appellant in the above appeal.

2. The appellant filed the suit for recovery of possession after removal of existing superstructure by granting a decree for mandatory injunction and for a consequential permanent injunction against defendants from making any or continuing further construction in the suit properties.

3. The suit properties are described in 12 items measuring an extent of 13.07 Ares comprised in different Survey Numbers situated in Vadakkattalai Village, Vedaranyam Taluk. It is the case of the appellant that Arulmigu Vedaranyeeswaraswamy Devasthanam is the absolute owner of the entire extent of 13 Acres and 7 Cents, having been given Ryotwari Patta under Tamil Nadu Minor Inams (Abolition and Convers

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