M SAI Vs. SHREE DHARMARAJA KOVIL TRUST

JUDGEMENT

(1.) This Civil Revision Petition is filed to set aside the fair and decretal order dated 10.06.2015 made in I.A.No.45 of 2015 in O.S.No.183 of 2014 on the file of the Subordinate Court, Arakkonam.

(2.) The petitioners are defendants and respondents are the plaintiffs in O.S.No.183 of 2014 on the file of the Subordinate Court, Arakkonam. The respondents filed the said suit for declaration and permanent injunction. According to the respondents, one R.A.Murugesa Chettiyar died intestate on 06.04.1984. They are the trustees of the temple and are entitled to the management of the temple. The petitioners and others do not have any right over the management of the temple or interfere with the management by the respondents. The petitioners and others filed written statement and are contesting the suit.

(3.) After framing issues, when the suit was listed for trial, the respondents filed I.A.No.45 of 2015 under Order XXIII Rule 1(3) of C.P.C for withdrawal of the suit in O.S.No.183 of 2014 with leave of the Court to file a fresh suit on the same cause of action. According to the respondents, earlier proceedings initiated by R.A.Murugesa Chettiyar with third parties were not mentioned in the plaint averments. The judgments in the three suits viz., O.S.Nos.170, 171 and 180 of 1968 on the file of the Subordinate Court, Vellore, A.S.No.227 of 1997 on the file of the District Court, Vellore and judgments of the S.A.No.2348 of 1997 and judgment in the suit against the Commissioner, HR & CE department and certain private parties in O.S.No.218 of 1975, in which the erstwhile trustee, R.A.Murugesa Chettiyar was declared to be the hereditary trustee of the suit temple and the suit temple was declared as a private temple belonging to the family members of R.A.Murugesa Chettiyar were not available with them when they filed the suit. In view of the same, the formal defect has crept in and they may be permitted to withdraw the present suit with liberty to file fresh suit on the same cause of action.