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2024 Supreme(Online)(MAD) 12400

HIGH COURT OF MADRAS
Hon`ble Mr.Justice N.SESHASAYEE
THE EXECUTIVE OFFICER – Appellant
Versus
PALANIAPPA PULIPANIPATHIRA – Respondent


COMMON JUDGMENT

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 th

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