Petitioners' suit for permanent injunction concerned temple property; the first respondent claiming hereditary trusteeship sought impleadment, which the trial court allowed. The High Court found no error since his trusteeship proceedings were pending before HR&CE officials and dismissed the revision.
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.
C.R.P.(PD).No.1392 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
C.R.P.(PD).No.1392 of 2024 and C.M.P.No.7442 of 2024
1.R.Srinivasan
4.B.Selvakandhan
... Petitioners
vs
1.V.P.Mahalingam
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C.R.P.(PD).No.1392 of 2024
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to set aside the fair and decreetal order dated 20.11.2023 in I.A.No.3 of 2023 in O.S.No.660 of 2018 on the file of the IV Additional District Munsif Judge at Salem.
For Petitioners : Ms.S.Sasikala
For R2 to R9 : Mr.C.Sathish Government Advocate
ORDER
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The Civil Revision Petition is filed challenging the order passed by the Trial Court allowing the application filed by the 1st respondent seeking his impleadment in the main suit.
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Hereditary Trustee of the temple to which the suit property is endowed and the proceedings initiated by the 1st respondent in respect of his trusteeship right is already pending before the Officials of the Hindu Religious and Charitable Endowment Department, who are also made as a party to the lis, the Court below rightly observed that the presence of the 1st respondent is necessary to have effective adjudication of the case. Therefore, I do not find any error in the order passed by the Trial Court.
regard to the fact the suit is of the year 2018, the Trial Court is directed to dispose of the suit as expeditiously as possible. No costs. Consequently, the connected civil miscellaneous petition is closed.
28.03.2024 Index : Yes / No Speaking order : Yes / No Neutral Citation : Yes / No dm
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C.R.P.(PD).No.1392 of 2024
To
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C.R.P.(PD).No.1392 of 2024
S.SOUNTHAR, J.
dm
C.R.P.(PD).No.1392 of 2024
28.03.2024
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1 issue framed by the court
Whether a claimant to hereditary trusteeship of the temple owning the suit property should be impleaded as a party to a pending suit for injunction.
1 provisions across 1 enactments
R.Srinivasan
R.Radhakrishnan
B.Gopalakrishnan
B.Selvakandhan
V.P.Mahalingam
The District Collector, Salem
S.Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
