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2024 Supreme(Mad) 887

C. KUMARAPPAN
Subbarayan (Died) – Appellant
Versus
Arulmighu Arunachalasewarar Devasthanam Rep. by Executive Officer(Temporary)/ Assistant Commissioner – Respondent


Advocates Appeared:
For the Appellants :M/s. G. Masilamani, Sr. Advocate for Mr. T. Sathiyamoorthy.
For the Respondent:M/s. A.K. Sriram, Sr. Advocate for M/s. A.S. Kailasam & Associates, Mrs. R. Abirami for Mrs. V. Srimathi.

JUDGMENT :

C. Kumarappan, J.

[PRAYER: Second Appeal is filed under Section 100 of the Code of Civil Procedure, against the judgment and decree dated 27.10.2005 made in A.S.No.3 of 1993 on the file of the District Court, Thiruvannamalai, in confirming the judgment and decree, dated 23.11.1990 made in O.S.No.16 of 1993 on the file of the Sub-Court, Thiruvannamalai.]

The instant second appeal has been filed at the instance of the first defendant. The first respondent herein is the plaintiff before the trial Court and the respondents 2 to 6 are the defendants 2 to 6 before the trial Court.

2. For the sake of convenience, the parties will be referred to according to their litigative status before the trial Court.

3. The brief facts which give rise to the instant Second Appeal are as follows:

The plaintiff is a renowned ancient temple which is the abode of Lord Arulmigu Arunachaleswarar. According to the plaintiff, the suit property was endowed to the plaintiff temple for the service of lighting of lamp on the pillar standing in front of Arunachaleswarar Sannathi. The said endowment was made by one Chekkadi Muthiah. The first defendant is one of the descendant of Chekkadi Muthiah Naicker. Acco

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