ELANGOVAN Vs. ARULMIGHU THARAKESWARA SWAMY TEMPLE

JUDGEMENT

(1.) The petitioners in E.A. No. 117 of 2020 are the Revision Petitioners. They had originally filed E.A. No. 100 of 2018 u/s 47 CPC in E.P. No.57 of 2017 in O.S. No. 348 of 1999, on the file of the Additional District Munsif, Vellore. The said E.A. No. 100 of 2018 had been dismissed for default on 12.03.2020. Seeking to restore E.A. No. 100 of 2017, the petitioners filed E.A. No. 117 of 2020. That application had been dismissed by the learned Additional District Munsif, Vellore, by order dated 11.12.2020. Questioning that order, the present Civil Revision Petition has been filed.

(2.) O.S. No. 348 of 1999 had been filed by Arulmigu Tharakeswarswamy Temple at Tottapalayam in Vellore District against M. Ulagannal and S. Elangovan seeking a judgment and decree to direct the defendants to deliver vacant possession of the building and premises described in the schedule to the plaint and for costs of the suit. In the schedule, the property was described as Municipal Door No. 61, Katpadi Road, Thottapalayam, where the defendants were doing business. In the particulars of valuation of the suit, it had been stated that the suit had been filed for eviction by the plaintiff, a Hindu Religious Institution and reference had been made to G.O. Ms. No. 1574, Home, dated 29.10.1979 relating to eviction of buildings belonging to Hindu Religious Institutions.

(3.) Pending the suit, the 1st defendant, M. Ulagannal died and his widow, U. Porkodi was impleaded as the 3rd defendant. The 2nd defendant, S. Elangovan and the 3rd defendant, U. Porkodi are the revision petitioners herein.