C. BALAKRISHNAN Vs. ARULMIGHU VISHWANATHASWAMY TEMPLE REP. BY ITS HEREDITARY TRUSTEE BAVA CHOCKKAPPA MUDALIAR KULIKKARAI VILLAGE, GUDAVASAL (TK), THIRUVARUR DT.

JUDGEMENT

(1.) The defendant in the suit is the appellant before this Court. The suit was filed by one Bava Chokkappa Mudaliar as hereditary Trustee of Arulmighu Viswanathaswamy Temple in Kulakarai Village, Thiruvarur District, seeking possession, mandatory injunction and permanent Injunction in respect of the suit property.

(2.) The relief of declaration and mandatory injunction was granted and permanent injunction was dismissed on the ground that the defendant has already completed the construction on the encroached portion of the suit property and therefore the relief of permanent injunction is redundant. The appeal filed by the defendant was dismissed by the first Appellate Court confirming the judgment and decree of the trial Court.

(3.) The aggrieved defendant, who is the appellant before this Court, challenges the Order of the Court below on the following substantial questions of law:-