Mohan M. Shantanagoudar, J. - (1.) The instant appeal arises out of the order of the High Court of Judicature at Madras dated 10.12.2007 in Civil Revision Petition No. 1007 of 2007, setting aside the order of the City Civil Court, Chennai dated 31.01.2007 in E.A. No. 5750/2003 in Execution Petition No. 1910/1992 in O.S. No. 8664/1988.
(2.) The brief facts from which this appeal arises are as follows: The suit temple properties were originally administered by three brothers- Sadhasivamurthy, Balasundaram, and Sundararajan ('original owners'). Vide settlement deed dated 19.09.1947, these original owners endowed the property to the temple. The deed also included a provision that the eldest son of the deceased trustee would become his successor. The genealogy of the family of the original owners is as follows:
(3.) From 1987-88, three suits relating to the temple properties were filed. Among these, O.S. No. 8664/1988 is relevant to the instant appeal. This suit was filed on behalf of the temple by one K.S. Jaganathan and S. Bhaskaran (Appellant herein) in their capacity as trustees, seeking permanent injunction against Gnanambal and her husband, who were tenants in the suit properties (Respondents 1-7 herein) at that time. One Umapathymurthy (represented by Respondents 8-14 herein) was impleaded in this suit as a defendant. In his written statement, he claimed that he was the eldest son of Sadhasivamurthy and that he had been dispossessed from the trusteeship of the temple by his younger brother, K.S. Sabapathy.;