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2025 Supreme(Online)(Mad) 64062

IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.Rajasekar, J
A/m Neithro Tharakeswarar Thirukoil Panayapuram – Appellant
Versus
Thangavel Achari (deceased) – Respondent


Advocates:
For the Appellants/Petitioners: Mr.K.Chandrasekaran
For R-4: Mr.M.Ramesh
For R-5: Mr.R.Agilesh for Mr.T.Dhanasekaran
For R-7: Mr.V.Raghavachari Senior Counsel for M/s.V.Pavithra
For R-8 to R-11: Mr.D.S.Thirumavalavan
For R-12 to R-15: Mr.N.Baskaran

JUDGMENT

This Second Appeal has been filed by the plaintiff challenging the concurrent findings of both Courts, dismissing the suit filed by the plaintiff, seeking relief of declaration that the plaintiff is the Trustee of the suit property and for consequential relief of possession of the same.

2. The facts leading to filing of this appeal are as follows:

2.1. The plaintiff is the temple, represented by its Administrative Officer.

The case of the plaintiff is that, the suit properties originally belong to one Kuppusamy Achari and he along with his son Annamalai Achari had dedicated the suit properties in favour of the plaintiff temple by way of Declaration of Trust deed on 19.04.1924 and endowed the property to conduct Aruthra festival during the Tamil month of Margazhi in the said temple every year continuously, out of the income generated from the said properties. It is also stated in the Declaration Deed that the property shall be only with the possession of the executor's family and no other persons are entitled to the said properties. The male descendants of the executor's family have to maintain the property and if they had failed to perform the Margazhi Aruthra festival, the

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