Case Note & Summary
The judgment pertains to two Original Side Appeals (OSA Nos. 32 and 46 of 2026) filed against an interim order dated 19.01.2026 passed by a learned Single Judge in Application No. 3287 of 2025 in Civil Suit No. 837 of 2018. The appellants in OSA No. 32 of 2026 are R. Lakshmanaswamy (appellant/respondent 14/defendant 11 in the suit) and in OSA No. 46 of 2026 are P.S. Sridhar, C.P. Thangaraj, and A. Suresh Kumar. The respondents include Kanthakotta Ayira Vysiya Veri Chettiar Samooga Munnertra Sangam (a registered society) and others, including Sri Muthukumaraswamy Devasthanam (a temple) and various educational institutions. The suit appears to involve disputes over temple properties and the appointment of a Fit Person by the HR and CE Department. The appeals were heard by a Division Bench comprising Justice C.V. Karthikeyan and Justice K. Kumaresh Babu. The court reserved judgment on 25.02.2026 and pronounced it on 24.04.2026. The court allowed both appeals, setting aside the impugned interim order. The judgment does not provide detailed reasoning or facts beyond the procedural history and the final order.
Headnote
A) Civil Procedure - Interim Orders - Appeal against interim order - The appeal was filed under Order 36 Rule 1 of the OS Rules read with Clause 15 of the Letters Patent, 1865 to set aside the impugned order dated 19.01.2026 passed by the learned Single Judge in A.No. 3287 of 2025 in C.S.No. 837 of 2018 - The Court allowed the appeals and set aside the impugned order - Held that the interim order was not sustainable (Paras 1-3).
Issue of Consideration
Whether the impugned interim order dated 19.01.2026 passed by the learned Single Judge in A.No. 3287 of 2025 in C.S.No. 837 of 2018 is liable to be set aside.
Final Decision
Both appeals are allowed. The impugned order dated 19.01.2026 passed by the learned Single Judge in A.No. 3287 of 2025 in C.S.No. 837 of 2018 is set aside.
Law Points
- Order 36 Rule 1 of OS Rules
- Clause 15 of Letters Patent
- 1865
- Interim orders
- Appointment of Fit Person
- HR and CE Act
