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2023 Supreme(Online)(Mad) 81686

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hon`ble Mr Justice S. SOUNTHAR
SYED AHMED HUSSAIN – Appellant
Versus
ARULMIGHU EKAMBARESWARAR – Respondent



2023:MHC:5293 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.11.2023 CORAM THE HONOURABLE MR. JUSTICE S.SOUNTHAR S.A.Nos.600, 601, 602, 603, 604 & 136 of 2017 and CMP.Nos.2883 of 2017, 15066, 15067, 15068, 15069, 15070 & 15213 of 2017

1.Syed Ahmed Hussain

2.S.K.Hamidunnissa ... Appellants in S.A.No.600/2017 B.Lalitha ... Appellant in S.A.No.601/2017 R.Jayachandran ... Appellant in S.A.No.602/2017

1.R.Mahendran

2.R.Gunaseelan ... Appellants in S.A.No.603/2017 V.Kantha (deceased)

1.Vatsala

2.Suryaprakash

3.V.Sudha ... Appellants in S.A.No.604/2017

1.N.Nammalwar (died)

2.N.Badrinathan 3.N.Raghunathan

4.K.Kalaivani

5.K.Venkatramana

6.V.Loganathan ... Appellants in S.A.No.136/2017 (A1-Died, A3 to to A6 B/R as LR's of the deceased A1 vide Court order dated 09.11.2023 made in CMP.No.

25751/2023 in S.A.No.136/2017)

Vs.

Arulmighu Ekambareswarar Thirukoil Represented by its Executive Officer having its office at the temple premises Aminjikarai, Chennai 600 029. ... Respondent in S.A.Nos.600, 601, 602, 604 &

136/2017

1.Arulmighu Ekambareswarar Thirukoil Represented by its Executive Officer having its office at the temple premises Aminjikarai, Chennai 600 029.

2.R.Surendran ... Respondents in S.A.No.603/2017 Prayer in S.A.No.600/2017: Second Appeal filed under Section 100 of the Code of Civil Procedure, against the judgment and decree dated 23.08.2016 made in A.S.No.488 of 2008 on the file of XVIII Additional City Civil Court, Chennai, confirming the judgment and decree dated 22.01.2008 made in OS.No.4913 of 2005 on the file of the II Assistant City Civil Court, Chennai.

Prayer in S.A.No.601/2017: Second Appeal filed under Section 100 of the Code of Civil Procedure, against the judgment and decree dated 23.08.2016 made in A.S.No.558 of 2008 on the file of XVIII Additional City Civil Court, Chennai, confirming the judgment and decree dated 06.10.2007 made in OS.No.4912 of 2005 on the file of the II Assistant City Civil Court, Chennai.

Prayer in S.A.No.602/2017: Second Appeal filed under Section 100 of the Code of Civil Procedure, against the judgment and decree dated 23.08.2016 made in A.S.No.593 of 2008 on the file of XVIII Additional City Civil Court, Chennai, confirming the judgment and decree dated 06.10.2007 made in OS.No.4768 of 2005 on the file of the II Assistant City Civil Court, Chennai.

Prayer in S.A.No.603/2017: Second Appeal filed under Section 100 of the Code of Civil Procedure, against the judgment and decree dated 23.08.2016 made in A.S.No.594 of 2008 on the file of XVIII Additional City Civil Court, Chennai, confirming the judgment and decree dated 06.10.2007 made in OS.No.4736 of 2005 on the file of the II Assistant City Civil Court, Chennai.

Prayer in S.A.No.604/2017: Second Appeal filed under Section 100 of the Code of Civil Procedure, against the judgment and decree dated 23.08.2016 made in A.S.No.597 of 2008 on the file of XVIII Additional City Civil Court, Chennai, confirming the judgment and decree dated 06.10.2007 made in OS.No.4910 of 2005 on the file of the II Assistant City Civil Court, Chennai.

Prayer in S.A.No.136/2017: Second Appeal filed under Section 100 of the Code of Civil Procedure, against the judgment and decree dated 23.08.2016 made in A.S.No495 of 2008 on the file of XVIII Additional City Civil Court, Chennai, confirming the judgment and decree dated 06.10.2007 made in OS.No.4767 of 2005 on the file of the II Assistant City Civil Court, Chennai.

For Appellants in all S.A.Nos. : Mr.E.Ganesh for Ms.K.C.Muthulakshmi For Respondent in S.A.Nos.600, 601, 602

604 & 136/2017 : Mr.D.R.Sivakumar For Respondents in S.A.No.603/2017 : Mr.D.R.Sivakumar for R1 Mr.Adi Narayana Rao for R2

COMMON JUDGMENT

The unsuccessful defendants in the suit for recovery of possession are the appellants. The suit filed by the respondent temple was decreed by the trial Court and the First Appeal filed by the appellants was also dismissed. Aggrieved by the concurrent findings against them, the defendants have come up with these Second Appeals.

2. Accordin

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