Defendant's civil revision challenging dismissal of an application for reception of additional affidavit in a suit for declaration and possession was disposed of after the temple and registered Sangam entered a rental agreement admitting the temple's title; no further adjudication held necessary.
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C.R..P.(PD)(MD).No.2252 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
C.R.P(PD)(MD)No.2252 of 2022 and
C.M.P(MD) No.10587 of 2022
Murugan S/o. Ganapathi Konar, President of Yadhavar Sangam, Swammy Sannathi Street, Sankarankovil Kaspa, Sankarankovil.
... Petitioner/Petitioner/ Petitioner/Defendant
Vs.
... Respondent/Respondent/ Respondent/Plaintiff
Chennai.
... 2nd Respondent
(2nd Respondent is suo motu impleaded vide order of this Court dated 11.11.2022 made in C.R.P(MD) No.2252 of 2022)
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PRAYER:
PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, as against the Fair and Decreetal order made in I.A.No.170 of 2018 in I.A.No.25 of 2018 in O.S.No.225 of 1998, dated 21.09.2022 on the file of the Additional District Munsif Court, Sankarankovil.
For Petitioner : Mr.M.Thirunavukkarasu For R1 : Mr.V.R.Shanmuganathan For R2 : Mr.S.P.Maharajan Special Government Pleader
O R D E R
The defendant in O.S.No.225 of 1998 on the file of the Additional
District Munsif Court, Sankarankovil, is the revision petitioner herein.
2. The first respondent herein had filed the above said suit for the relief of declaration of title, recovery of possession and permanent injunction not to put up any construction in the suit schedule property. The defendant having remained ex-parte , an exparte decree came to be passed on 16.04.2002. The defendant Yadhavar Sangam had filed I.A.No.25 of 2018 under Section 5 of Limitation Act, to condone the delay of 5762 days in filing an application
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under Order 9 Rule 13 of C.P.C. Pending the said application, the defendant Yadhavar Sangam had filed I.A.No.170 of 2018 for reception of additional affidavit. This application was dismissed by the trial Court. Challenging the same, the present Civil Revision Petition has been filed.
3. After the suit, the unregistered Yadhavar Sangam was registered as “Sankarankovil Vattara Yadhavar Samuthaya Abiviruthi Sangam” with a registration No.93 of 2004. Now the plaintiff temple and the registered Sangam with Registration No.93 of 2004 have entered into an agreement on 17.02.2025.
4. A perusal of the agreement reveals that the defendant registered Sangam has not only admitted the title of the temple over the land but also the superstructure. The Sangam as agreed to pay the rent to be fixed by the temple. In such circumstances, it is the submission of the learned counsel appearing on either side that no further adjudication may be required in the suit. Since the title of the temple over the land and superstructure have been admitted by the registered Sangam, namely, “Sankarankovil Vattara Yadhavar Samuthaya Abiviruthi Sangam”, no further adjudication is called for. The
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C.R..P.(PD)(MD).No.2252 of 2022
plaintiff Temple cannot enforce the ex parte decree for recovery of possession till the subsistence of this rental agreement or till any other cause of action arises.
5. With the above said observations, this Civil Revision Petition stands disposed of . There shall be no order as to costs. Consequently connected Miscellaneous Petition stands closed.
24.02.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi
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C.R..P.(PD)(MD).No.2252 of 2022
To
1. The Additional District Munsif Court, Sankarankovil.
2. The Commissioner, Hindu Religious and Charitable Endowments Department,
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C.R..P.(PD)(MD).No.2252 of 2022
R.VIJAYAKUMAR,J.
ebsi
C.R.P(PD)(MD)No.2252 of 2022
24.02.2025
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1 issue framed by the court
Whether the revision against dismissal of an application for reception of additional affidavit in a condone-delay/set-aside-exparte-decree matter could be disposed of given the parties' settlement.
3 provisions across 3 enactments
Murugan S/o. Ganapathi Konar, President of Yadhavar Sangam
A/M.Sankaranarayanaswami Thirukovil, Sankarankovil
The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai
R.Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
