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2023 Supreme(Mad) 3121

S. SOUNTHAR
Gejagatti Sri Karuvannarayor Temple, President G. Ramasamy, Sathyamangalam – Appellant
Versus
Commissioner Hindu Religious & Charitable Endowments Department, Chennai – Respondent


For the Appellant :G. Sumithra, N. Ishtiaq Ahmed, R.T. Doraisamy, Advocates. For the Respondents:C. Sathish, Government Advocate, D. Gopal, M. Roshan Atiq, K.R. Samratt, Advocates.

JUDGMENT

(Common Prayer: Second Appeals filed under Section 100 of the Code of Civil Procedure, against the judgment and decree dated 17.08.2016 and made in A.S.Nos.55 & 56 of 2015 on the file of the Sub Judge, Sathyamangalam, confirming the judgment and decree dated 26.02.2014 and made in OS.No.406 of 2010 & OS.No.155 of 2009 respectively, on the file of the District Munsif, Sathyamangalam. )

Common Judgment

1. The unsuccessful plaintiff in both the suits is the appellant before this Court. Second Appeal in S.A.No.72 of 2017 is arising out of suit for declaration that the suit temple is a private temple of Uppliappa Naicker Community and for injunction restraining the respondents from interfering with the right of the appellant to administer the temple. The suit was dismissed by the trial Court and the findings of the trial Court were affirmed by the first Appellate Court. Aggrieved by the concurrent findings, the appellant has preferred the Second Appeal in S.A.No.72 of 2017.

2. Second Appeal in S.A.No.73 of 2017 is arising out of the suit for declaration that the respondents herein is not the hereditary trustee of suit temple and for a consequential injunction restraining the respon

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