LAWS(MAD)-2023-1-227

R. THANGAVEL Vs. EXECUTIVE OFFICER, ARULMIGU SOLEESWARASWAMY TEMPLE

Decided On January 25, 2023
R. THANGAVEL Appellant
V/S
Executive Officer, Arulmigu Soleeswaraswamy Temple Respondents

JUDGEMENT

(1.) The present Civil Revision is filed to set aside the order dtd. 24/3/2022 passed in IA No.3 of 2019 in IA No.709 of 2017 in OS No.37 of 2017 on the file of the District Munsif Court at Perundurai.

(2.) The revision petitioner, who is the plaintiff, has instituted the suit for injunction restraining the respondent-Temple from interfering with his peaceful possession of the Temple property. During the pendency of the suit, the respondent-Executive Officer of the Temple filed IA No.7 of 2019 in IA No.709 of 2017 under Sec. 151 of the Code of Civil Procedure to permit the Temple to file additional affidavit in IA No.709 of 2017, which was filed under Order VII, Rule 11 CPC to reject the plaint.

(3.) It is not in dispute that the revision petitioner is the tenant and is in occupation of the Temple premises administered by the respondentArulmigu Soleeswaraswamy Temple, Perundurai. The Interlocutory Application was filed to reject the plaint.