The High Court of Madras allowed an applicant temple to withdraw an old suit with liberty to resume legal action against defendants in possession of the temple property, declining to award costs and vacating interim orders.
Suit dismissed; liberty to take legal action; no costs awarded; interim orders vacated; applications closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
WEDNESDAY, THE 14th DAY OF MARCH 2018 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
A. No.1777 of 2018 in
C.S. No.1668 of 1992
C.S. No.1668 of 1992:-
Sri Loga Vinayagar Temple, represented by its Fit person P.Saravanan, Office at Arulmigu Soundareswarar Temple, Brahmin Street, Saidapet, Chennai – 15 ... Plaintiff
-Versus-
No.50, Pillaiyar Koil Street, Maduvankarai, Madras-600 032.
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No.27, Pudu Street, Maduvankarai, Madras-600 032.
No.28, Pudu Street, Maduvankarai, Madras-600 032.
No.51, Pillaiyar Koil Street, Maduvankarai, Madras-600 032.
Rep. by its Lasten Daint Onesemu situates at 49, Pillayar Koil Street, Maduvankarai, Chennai – 32.
rep. by its President R.Paneerselvam,
No.46, Pillaiyar Koil Street, Maduvankarai, Chennai – 32.
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A. No.1777 of 2018:-
A/m.Sri Loga Vinayagar Temple, rep. by its Fit person P.Saravanan, (Presently Mr.Balasubramaniam is functioning as the fit person pursuant to the appointment made by HR & CE Department Office at Arulmigu Soundareswarar Temple, Brahmin Street, Saidapet, Madras–15. .. Applicant/Plaintiff -Versus-
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Pillaiyar Koil Street, Maduvankarai, Madras-600 032.
W/o.Neelakandan, No.22, Pudu Street, Maduvankarai, Madras-600 032.
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Application praying that this Hon'ble Court be pleased to permit the plaintiff temple to withdraw the above suit viz., C.S. No.1668 of 1992 with a liberty to take necessary legal action against the defendants.
This application has been filed seeking permission to withdraw the suit with liberty to take necessary legal action against the defendants.
//Certified to be a true copy// Dated this the day of 2018
JJ 25/04.2018 COURT OFFICER
From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.
3 issues framed by the court
Whether a temple under Hindu Religious and Charitable Endowment permission can withdraw an old suit with liberty to take legal action.
Whether costs should be awarded against defendants holding possession of temple property during withdrawal.
Whether interim orders in the underlying suit require vacatur upon withdrawal.
Sri Loga Vinayagar Temple
Shankari Ammal
N.Kabali
B.Nagarajan
R.Kumaran
Gowri
R.SUBRAMANIAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
