CHENNAI KUMARA KOTTAM SREE SIVA SUBRAMANIASWAMI SEVARTHIGAL SANGAM Vs. ARULMIGU KUMARA KOTTAM, SRI SIVA SUBRAMANIASWAMI TEMPLE AND ORS.
HIGH COURT OF MADRAS
Chennai Kumara Kottam Sree Siva Subramaniaswami Sevarthigal Sangam
Arulmigu Kumara Kottam, Sri Siva Subramaniaswami Temple And Ors.
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(1.) This appeal is directed against the judgment and decree of the Additional District Judge, Fast Track Court V, Chennai, passed in A.S.No.485 of 2004, reversing the judgment and decree of the V Assistant Judge, City Civil Court made in O.S.No.4091 of 1996.
(2.) The plaintiff in O.S.No.4091 of 1996 is the appellant herein. The said suit was filed for declaration declaring that the property viz., Chennai Kumarakottam Sri Sivasubramania Swami Kalyana Mandapam built on the terrace of the Vakana Godown and the office premises of Arulmigu Kumara Kottam Sri Sivasubramania Swami Temple and the kitchen in the Ground Floor belongs to the plaintiff and for consequential permanent injunction restraining the first defendant, his men and servants from interfering with the plaintiff's peaceful possession and enjoyment of the said Kalyana Mandapam.
(3.) The plaintiff would claim that Arulmigu Kumarakottam Sri Sivasubramania Swami Temple situated at No.105, N.S.C.Bose Road, Madras is a denominational temple established and owned by the Vaniga Vysia Community of Madras. The administration of the Temple was governed by a Scheme framed by the High Court in C.S.No.397 of 1919. The Scheme was modified in C.S.No.9 of 1944 and by the City Civil Court, Chennai in O.P.Nos.162 of 1954 and 248 of 1954. Subsequently, the Deputy Commissioner, HR and CE (Admin) Department, Madras framed fresh scheme in his proceedings, dated 18.04.1966 in O.A.No.69 of 1963.;
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