JUDGMENT :

(Prayer in S.A.(MD) No.589 of 2015: Appeal filed under Section 100 of CIVIL PROCEDURE CODE to set aside the judgment and decree dated 23.06.2015 in A.S.No.78 of 2001 on the file of Additional District Court, Dindigul in partly allowing the judgment and decree dated 22.02.2001 made in O.S.No.105 of 1999 on the file of Subordinate Court, Palani.

S.A.(MD) No.590 of 2015: Appeal filed under Section 100 of CIVIL PROCEDURE CODE to set aside the judgment and decree dated 23.06.2015 in A.S.No.79 of 2001 on the file of Additional District Court, Dindigul in reversing the judgment and decree dated 22.02.2001 made in O.S.No.106 of 1999 on the file of Subordinate Court, Palani.

S.A.(MD) No.652 of 2022: Appeal filed under Section 100 of CIVIL PROCEDURE CODE to set aside the judgment and decree dated 23.06.2015 made in A.S.No.78 of 2001 on the file of Additional District Court, Dindigul in partly allowing the judgment and decree dated 22.02.2001 made in O.S.No.105 of 1999 on the file of Subordinate Court, Palani.

S.A.(MD) No.653 of 2015: Appeal filed under Section 100 of CIVIL PROCEDURE CODE to set aside the judgment and decree dated 23.06.2015 made in A.S.No.79 of 2001 on the file of Additional District Court, Dindigul in reversing the judgment and decree dated 22.02.2001 made in O.S.No.106 of 1999 on the file of Subordinate Court, Palani.)

Introductory:

1. This batch of four-second appeals arises from two separate suits, viz., (a) O.S.105 of 1999 and (b) O.S.No.106 of 1999, both instituted by the same plaintiff before the Sub Court, Vedasandur. These suits were earlier instituted before the Sub Court, Dindigul as O.S.No.101 of 1982 and O.S.No.97 of 1983 respectively.

2. An outline of the disputes involved in the two suits is as follows:

a) The dispute in O.S. 101 of 1982 pertains to the title to certain property at the foothills of Palani Hills, where Pulippani Pathira Ashram is located. The controversy in O.S.97 of 1983 pertains to the right of management of the 'Bogar Samadhi' at the top of the Palani hill, located within the precincts of Dhandayuthapani Swami temple.

b) In both the suits, ancillary reliefs of prohibitory injunction were also sought against the officials of the Hindu Religious and Charitable Endowments (hereinafter HR & CE) Department, the defendants in the suits, from interfering either with the plaintiff's possession of the suit property as in O.S.No.101 of 1982 or with the right of management of 'Bogar Samadhi' as in O.S.No.97 of 1983.

3.1 Both the suits came to be tried jointly by the Sub Court, Dindigul, and these suits were dismissed on the ground that the plaintiff had not issued a pre-suit statutory notice under Sec. 80 CPC. The matter was taken in appeals by the plaintiff, which overturned the ground of dismissal of the trial Court, and remanded the matter for de novo consideration.

3.2 By now, a Sub Court was established in Vedasandur. These suits were remanded to the file of that Court, where they were taken on record as O.S.105 of 1999 and O.S. 106 of 1999. Both the suits were jointly tried by the learned Sub Judge, Vedasandur and were eventually dismissed vide a decree dated 22.02.2001. Promptly, the plaintiff preferred first appeals to the District Court in A.S.Nos.78 of 2001 and A.S.79 of 2001 respectively against the decree passed in O.S.Nos.105 of 1999 and 106 of 1999. On 23.06.2015, the first appellate Court allowed both the first appeals. The judgement and decree of the first appellate court are challenged in the instant appeals.

3.3 The second appeals are preferred both by the Executive Officer of the Dhandayuthapaniswamy Devasthanam, Palani, and the Commissioner, H.R.&C.E., who were the 3rd & 2nd defendants in O.S.105 of 1999, and 1st and 2nd defendants in O.S.106 of 1999 respectively. The details are tabulated below: