ANIKADAVU MADAMANAI LATHEKARAR Vs. K THANDAPANI

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed by the petitioners herein/defendants 1 to 3 in C.F.R.No.917 of 2005 to set aside the Order dated 06.07.2007 in I.A.No.173 of 2006 in C.F.R.No.917 of 2005 on the file of the Subordinate Judge, Dharapuram.

(2.) THE respondents 1 to 3 in CFR.No.917 of 2005 are the revision petitioners before this Court. CFR.No.917 of 2005 has been filed by the respondents 1 and 2 herein under Section 92 of CPC., to grant leave to institute suit. THE prayer in the suit reads as under:- a) Declaring that the item I of the suit property purchased in the name of the first and second defendant belongs to Sri Venkatesa Perumal temple Eragampatty and for delivery possession of the item I of the suit property to the 5th defendant for the benefit of the Sri Venkatesa Perumal Temple Eragampatty. b) Declaring that the Trust deed created under Document No.778 of 2004 in the name of the Anikadavu Madamanai Lathekarar Kulam Sri Venkatesa Perumal temple Thirukovil, Arakkattalai is null and void and cancel the same. c) Declaring that the titles namely (i) Mookan Chettiar (ii)Karunagi Chettiar (iii)Chinnan Chettiar (iv)Jamedarar (v)Rama Banam (vi)Kattiyakarar (vii)Arputha Dasar should be used only by the present holders of the title of the Eragampattu Sri Venkatesa Perumal temple. d) Declaring that the word 'Anikadavu Madamanai' or 'Anikadavu Madamanai Lathekarar Kulam' or 'Anikadavu Madamanai Lathekararkulam Devangar vamsam', 'Agasthia magarisi Kotram', Arupathu Annan Thambimargal belong to Sri Venkatesa Perumal temple Thirukovil, Eragampattu and that the words can be used only by the worshippers of the Eragampatty Sri Venkatesa Perumal temple Thirukovil. e) Granting a permanent injunction restraining any person from using the tiles mentioned in the relief (d) who is unconnected with Eragampatty Sri Venkatesa Perumal Temple. f) Granting a permanent injunction restraining any person or community member to use the word 'Anikadavu Madamanai Lathekarar Kulam' or word 'Anikadavu Madamanai Lathekararkulam Devangar vamsam', 'Agasthia magarisi Kotram', Arupathu Annan Thambimargal' other than the community members worshipping Sri Venkatesa Perumal temple Thirukovil, at Eragampatty. g) Granting a permanent injunction restraining the defendants 1 to 4 or their men, agents assignsm successors in interest etc. from selling or alienating the suit property which was purchased out of the funds of the Sri Venkatesa Perumal temple Eragampatty. h) Directing the 3rd defendant to deliver possession of panchalokha Virgrahams of Sri Venkatesa Perumal temple Thirukovil, Sridevi, Bhudevi, Silver Jadari, Silver Kalasa Pathram Bell, Sangu, Segandi and other Pooja materials described in item 2 of the property to the 6th defendant. i) Directing the 4th defendant to deliver possession of Sembu Pattayam of the Sri Venkatesa Perumal temple Thirukovil, Eragampatty described as item 3 of suit property to 5th defendant and grant such other relief as may be just and proper in the circumstances of the case and render justice.

(3.) HEARD the learned counsel for the revision petitioners and the learned counsel for the respondents 1 and 2 (Caveators). I have also gone through the documents and judgments filed in support of their submissions.