H. B. ARJUNAN Vs. B. CHENDRAN

JUDGEMENT

(1.) This Civil Revision petition has been filed to allow this civil Revision petition and to set aside the order dtd. 7/9/2022 passed by the District Court of the Nilgiris at Udhagamandalam in C.M.A NO.11 of 2022 confirming the order dtd. 1/7/2022 passed by the Sub Court, Udhagamandalam, in I.A No.1 of 2022 in O.S No. 210 of 2022.

(2.) Originally the suit was filed by the petitioners/plaintiff before the Sub Court, Udhagamandalam, is O.S No.210 of 2022, for the relief of declaration and permanent injunction and other consequential relief in respect of suit property ''Doddamanai'' which is house belongs to ancestor's of Badugu people and they worship the said Doddamanai as holly place. The plaintiffs filed the suit for declaration stated that they only have right to conduct worship and rituals in said Doddamanai and also declare order dtd. 30/7/2021, 5/3/2022 passed by the

(3.) and 4 defendant is against the traditional customs of the Baduga people. While so, the plaintiffs filed I.A No.1 of 2022 in O.S No. 210 of 2022 for the relief of interim injunction to stay the order dtd. 30/7/2021 and 5/3/2022. The said application was contested by the defendants. On hearing both sides, the Trial Court dismissed the said interim injunction application as plaintiffs failed to prove their claim. Aggrieved over the same, the plaintiffs preferred an C.M.A No.11 of 2022 in I.A NO.1 of 2022 in O.S No. 210 of 2022 before the District Judge, the Nilgiris, Udagamandalam. After considering the submissions on either side, the District Judge, dismissed the said application. Challenging the order passed by the District Judge, the Nilgiris, Udagamandalam, in C.M.A No. 11 of 2022 in I.A NO.1 of 2022 in O.S No. 210 of 2022 the plaintiffs preferred this Civil Revision Petition. 3. The learned counsel for the petitioner submitted that the suit was filed by the plaintiffs is to declare the plaintiffs/Baduga people's are entitled to perform rituals in the Doddmanai and the plaintiffs have no objection to worship Doddmanai and the villagers also entitled to worship Doddamanai and the Government officals have no objection to worship. In spite of that the Court below dismissed the claim of the petitioner which is unfair and liable to be set aside.