JEYAKUMAR Vs. NARAYANASAMY

JUDGEMENT

(1.) This Civil Revision Petition has been filed challenging the fair and decreetal order passed by the learned District Munsif cum Judicial Magistrate, Peraiyur, in I.A.No.732 of 2017 in O.S.No.97 of 2015 dated 15.12.2017.

(2.) The brief facts of the case are that the respondents 1 to 4/plaintiffs have filed a suit in O.S.No.97 of 2015 seeking the relief of declaration and consequential injunction. According to the petitioners herein, the said suit itself is not maintainable, as per Sections 6(7), 63 and 108 of Hindu Religious Charitable and Endowments Act (in short "Act") and therefore, they have filed an interlocutory application in I.A.No.732 of 2017, seeking to reject the plaint. The trial Court, after hearing both the parties, had dismissed the said interlocutory application and aggrieved over the same, the present civil revision petition came to be filed.

(3.) The learned Counsel for the petitioners would submit that they are managing and maintaining the properties of the temple through trust deed dated 20.09.2006. Since the defendants 5 & 6 have acted detrimental to the interest of the temple, they had filed a suit in O.S.No.758 of 2015 before the Sub-Court, Thirumangalam. As a counter blast, the present suit in O.S.No.97 of 2015 before the District Munsif cum Judicial Magistrate Court, Peraiyur, was filed.