S A RAJENDRAN POOSARI Vs. COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT; JOINT COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT; EXECUTIVE OFFICER AND S SETHULINGAM POOSARI

JUDGEMENT

(1.) The revision petitioner/4th respondent/4th defendant has filed this civil revision petition as against the order dated 22.10.2008 in I.A. No. 17871 of 2008 in O.S. No. 7380 of 2008 passed by the learned VIII Assistant Judge, City Civil Court, Chennai in granting the relief of ad-interim injunction till 05.11.2008.

(2.) The trial Court, while passing orders in I.A. No. 17871 of 2008 in O.S. No. 7380 of 2008, has granted the relief of ad-interim injunction till 05.11.2008 and ordered notice to respondent by then, etc.

(3.) The learned Counsel for the revision petitioner urges before this Court that the order of the trial Court in granting the relief of ad-interim injunction without assigning reasons are vitiated in law and that the trial Court should have been more cautious in interfering with the management of temple since the idol is a minor and its interest has to be safeguarded first and that the trial Court has erred in taking the suit to its file as the cause of action has arisen only in Sattur Taluk, Virudhunagar District and moreover, the trial Court has permitted the 4th respondent/petitioner/plaintiff to select a Court of his choice, which is against the principles of natural justice and that the order of the trial Court is without jurisdiction and in fact, a non-speaking order and further, the trial Court has exceeded its jurisdiction by entertaining the suit and granting an exparte interim order, which is against the orders passed in the writ petition by this Court of Madurai Bench and that the trial Court has not taken note of the fact that the 4th respondent/petitioner/plaintiff has not approached the Court with clean hands and suppressed the orders passed in earlier proceedings and the trial Court has entertained the suit on presumptions and assumptions, detriment to the rights of the civil revision petitioner and therefore, prays for striking off the suit O.S. No. 7380 of 2008 from the file of VIII Assistant Judge, City Civil Court, Chennai.