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Madras High Court · body

2020 DIGILAW 2068 (MAD)

C. Guna Sekar v. Yogamuneeswarar Temple Endowment, Rep. by its Chairman M. Suryamoorthy

2020-11-04

R.SUBRAMANIAN

body2020
JUDGMENT : (Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the Docket order dated 25.07.2018 passed by the Learned Principal District Munsif, Gingee, in I.A.No.122 of 2018 in O.S.No.23 of 2018, directing the petitioners to implead HR & CE Department and continuing the ex parte ad interim injunction granted in the Interlocutory Application and consequently, dismiss the I.A.No.122 of 2018.) This matter is taken up for hearing through Video-Conferencing. 1. This Revision is directed against the order passed by the Learned Principal District Munsif, Gingee, passing a direction to the plaintiff to implead HR & CE department in the suit, while considering the application for interim injunction in I.A.No.122 of 2018. 2. It is seen from the records that the suit was filed by the first respondent herein, seeking a decree for declaration that the plaintiff's trust is alone entitled to manage the said temple and for injunction restraining the defendants from interfering with the said management. 3. The suit is being resisted by the defendants contending that the plaintiff's trust has no right to manage the temple and the temple is a public temple belonging to all the villagers and the villagers have been managing the temple all these years. 4. The Trial Court having granted an interim injunction, after hearing the application for injunction had reserved it for orders. On 25.07.2018, the Trial Court passed an order, directing the plaintiff to implead HR & CE department in the application. 5. I have heard Mr.D.Bharatha Chakravarthy, learned counsel for the petitioners and Mr.Y.T.Aravind Gosh, Learned Additional Government Pleader for the second respondent. 6. Despite several adjournments, none appeared for the first respondent. Since the Civil Revision Petition lies in a very narrow compass, I do not think that the Civil Revision Petition should be kept pending, awaiting for the appearance of the first respondent. 7. As seen from the records, one of the objection taken by the respondents to the application for injunction is that the HR & CE department is a necessary party and the suit relief will fall under Section 63(e) of the Tamil Nadu Hindu Religious and Charitable Endowments Act. Hence the suit is barred under Section 108 of the said Act. 8. Hence the suit is barred under Section 108 of the said Act. 8. If the Court comes to the conclusion that the HR & CE is a necessary party and it has not been impleaded, the Court should have passed orders on merits. It should not have adjourned the case directing the plaintiff to implead HR & CE department. 9. It is stated by the learned counsel for the petitioners that the first respondent had not taken any steps to implead the HR & CE department even as of now. 10. In view of the said statement, I direct the Trial Court to dispose of the application for injunction on merits without awaiting for impleading HR & CE department by the plaintiff. 11. The application in I.A.No.122 of 2018 shall be disposed of within a period of 30 days from the date of receipt of a copy of this order. 12. In the result, this Civil Revision Petition is disposed of with the above direction. No Costs. Consequently, connected miscellaneous petition is closed. 13. The Registry is directed to communicate the copy of this order to the Learned Principal District Munsif, Gingee forthwith.