LAWS(MAD)-2018-6-338

MEMBERS OF HINDU SAMBAVAR SAMUTHAYAM CHANTAIVAZHI, PULIYOORKURICHY, KALKULAM VILLAGE Vs. V ANANTHAKRISHNAN

Decided On June 22, 2018
Members Of Hindu Sambavar Samuthayam Chantaivazhi, Puliyoorkurichy, Kalkulam Village Appellant
V/S
V Ananthakrishnan Respondents

JUDGEMENT

(1.) The petitioner has filed this Civil Revision Petition seeking to set aside the order dated 30.10.2014 made in I.A.No.58 of 2014 in O.S.No.342 of 2012 on the file of the learned Subordinate Judge (Camp Court), Ramanathapuram.

(2.) Aggrieved over dismissal of his application to amend the plaint, the plaintiff / revision petitioner is before this Court in the present civil revision is the case of the Revision petitioner that he filed the above suit in O.S.No.341 of 2012 for the relief of declaration and injunction. In the said suit the respondent/ defendant filed written statement agitating the claim of the revision petitioner as false and unsustainable. Issues were framed by the trial Court and the Revision petitioner was examined in chief and the suit was posted for cross examination of the revision petitioner.

(3.) It is the case of Revision petitioner that the subject suit property belongs to their Sambavar community and it was purchased by their community people from one Aandi and Golapan. The suit property was purchased along with a temple structure situated therein for their village deity A/M Sudalaimadan. Thereupon the temple was under the control of their community people and every year there will be the celebrations for their village deity A/M Sudalaimadan. Originally the management of the temple was conducted by a board constituted by their community people. The petitioner is the president of the above board. Pertaining to the administrative and accounts maintenance of the temple there arose a dispute and the respondents who also belong to the same community, where removed from the role of their community persons, for having acted against the interest of the temple. Whereupon the respondents proclaimed as if the suit property and the above temple situated therein were exclusively their family properties. Therefore the above suit for declaration and permanent injunction came to be filed by the revision petitioner.