ARUMUGA VELAR Vs. ARULMIGU KUZHAVAR STREET MARIAMMAN KOIL

JUDGEMENT

(1.) FIRST defendant in O. S. No. 265 of 1977 on the file of Principal District Munsif Court . Ambasamudram is the revision petitioner.

(2.) PLAINTIFF herein filed a suit for declaration that the scheduled property belongs to first plaintiff temple and for consequential injunction restraining defendant, and his agents from in any way interfering with his possession and for mandatory injunction.

(3.) WHILE exercising discretion if lower court expressed opinion on the same that also will have to be taken into consideration by this court. Lower court has held that only because of fault of the court, earlier restoration application could not be posted and for more than 11 years plaintiffs were put to great agony. Only because of that agony, they have filed i. A. No. 482 of 1995 and especially when the same has not been pressed, it follows that plaintiffs are not pursuing the same. In I. A. No. 771 of 1984, the reason stated is - that the deponent a wife was laid up in the hospital between 20. 1. 1984 till 17. 2. 1984 and he had to attend her. The case was posted on 23. 1. 1984 and he could not attend the court on that date. But when I. A. 482 of 1995 was filed, the reason stated was entirely different. It is said that there is some inconsistency between two affidavits.