ARULMIGHU NADUVATHEESWARAR TEMPLE Vs. JAYALAKSHMI

JUDGEMENT

(1.) THIS appeal is focussed at the instance of the fifth defendant as against the judgment and decree dated 19.09.2011 passed by the learned District Judge, Nagapattinam passed in O.S.No.37 of 2009.

(2.) THE parties, for convenience sake, are referred to here under according to their litigative status and ranking before the trial Court.

(3.) THE learned counsel for plaintiff/first respondent would submit that the very appeal itself is not maintainable at the instance of D5 because there is no direction or order passed by the lower court as against D5 and it is always open for D5, if it chooses to do so to evict the plaintiff-Jayalakshmi, as per law.