LAWS(MAD)-2018-3-335

JAYA DHURGAI AMMAN THIRUKOIL SANGAM Vs. S SYAMALA

Decided On March 13, 2018
Jaya Dhurgai Amman Thirukoil Sangam Appellant
V/S
S Syamala Respondents

JUDGEMENT

(1.) These Civil Revision Petitions are filed to set aside the judgment and decree dated 27.08.2014 made in C.M.A.Nos.152 and 151 of 2013 on the file of the I Additional City Civil Court, Chennai, confirming the fair and decretal order dated 22.08.2013, made in I.A.Nos.3374 and 4485 of 2013 in O.S.No.1237 of 2013 respectively on the file of the XIII City Civil Court, Chennai.

(2.) The petitioners are the defendants 1 and 2, first respondent is the plaintiff and respondents 2 to 6 are the defendants 3 to 7 in O.S.No.1237 of 2013 on the file of the XIII city Civil Court, Chennai. The first respondent filed the said suit for declaration to declare that the structure of the Sri Jaya Dhurgai Amman Temple in front of premises No.1, Bharathi Nagar, Panchaliamman Koil Street, Arumbakkam, Chennai 600 106 is an illegal and unauthorized structure, for mandatory injunction directing the petitioners, respondents 2, 4 and 6 to demolish the Sri Jaya Dhurgai Amman Temple and permanent injunction restraining the petitioners from putting up further construction. The first respondent filed I.A.No.3374 of 2013 for interim injunction, pending suit. Initially, the interim injunction was granted. The petitioners filed I.A.No.4485 of 2013 to vacate the interim injunction.

(3.) Before the learned Trial Judge, first respondent marked 20 documents as Exs.P1 to P20 and petitioners marked 10 documents as Exs.R1 to R10. Advocate Commissioner's report and sketch were marked as Exs.C1 and C2.