Sri. M. Satyanarayana Murthy, J.

These two Second Appeals are filed against the Decrees and common Judgment dated 17.04.2009 in O.S.No.2887 of 2004 and O.S.No.2585 of 2004 on the file of III Additional Junior Civil Judges Court, Vijayawada, whereby the suit filed by the Smt Kasi Lakshmi Janaki and Sunkara Vijaya Kumari i.e., the plaintiffs in O.S.No.2585 of 2004( defendants in O.S.No.2887 of 2004) was dismissed and the suit filed by the plaintiff in O.S.No.2887 of 2004(defendant in O.S.No.2585 of 2004) for the same relief was decreed and granted permanent injunction restraining the defendants therein i.e., plaintiffs in O.S.No.2585 of 2004 and their men from interfering with the management of the plaintiff therein over Srimadvirat Pothuluri Veera Brahmendra Swamy Temple situated at Nunna Village and its properties.

2. For convenience of reference, the parties to the appeal will herein be referred as ranked in O.S.2585 of 2004 by III Additional Junior Civil Judge at Vijayawada.

3. It is the case of the plaintiffs and defendants in both the suits that they filed suits for declaration that they are the managers of the deity i.e., Srimadvirat Pothuluri Veera Brahmendra Swamy Temple situated at Nunna Village and for consequential relief of permanent injunction restraining the defendants with the management of Srimadvirat Pothuluri Veera Brahmendra Swamy Temple alleging that great grand father of plaintiff in O.S.No. 2287 of 2004 and defendant in O.S.No.2585 of 2004 on the file of III Additional Junior Civil Judges Court, Vijayawada, by name Rangu Papachary, got constructed Srimadvirat Pothuluri Veera Brahmendra Swamy Temple at Nunna village under his sole trusteeship about eight decades ago and it was looked after by his successors after his death and by the plaintiffs father in the year 1992, who is no other than the elder brother of the defendants. The plaintiffs father Rangu Seshacharyulu was the sole trustee and the manager of the temple and he died on 23.07.1992 while L.A.O.P.No.309 of 1990 on the file of Principal Senior Civil Judge, Vijayawada, was pending regarding payment of compensation of land belonging to the temple acquired by the Government. One Nunna Yerakareddy Venkta Reddy, S/o Rami Reddy endowed Ac.1.06 cents of agricultural land under registered document executed in favour of plaintiff and represented by the defendant bearing document No.6405/1992 with the Sub-Registrar office, Vijayawada, after the death of Rangu Seshacharyulu. The plaintiff and their mother Rangu Seshamma contested O.P.No.309 of 1990 and they were brought on record as legal heirs of Seshacharyulu and the rival claimants succeeded in the said petition and as such they preferred an appeal A.S.No.1084 of 2004, which is pending for enquiry.

4. Rangu Seshamma died on 14.04.2004 and after death of their mother, the management of the temple was entrusted to father of the plaintiffs and defendant in O.S.No.2585 of 2004 and since then they are managing the property. As he plaintiffs in O.S.No.2585 of 2004 claiming adverse right against the defendant/plaintiff in O.S.No.2887 of 2004, the plaintiff in O.S.No.2887 of 2004 i.e., Rangu Papachary, filed a suit against the defendants/plaintiffs in O.S.No.2585 of 2004 claiming that he is the management trustees of the temple and sought for declaration and for consequential relief’s.

5. Basing on the above pleadings, the trial Court framed the following issues for trial :

O.S.No.2887 of 2004 & O.S.No.2585 of 2004:

(i) Whether the plaintiffs are entitled for the declaration that they are the Management trustees of Srimadvirat Pothuluri Veera Brahmendra Swamyvari Temple, Nunna?

(ii) Whether the plaintiffs are entitled to consequential relief of permanent injunction against the defendants and their men, as prayed for ?

(iii) To what relief ?

6. A joint trial was conducted and the evidence was recorded in O.S.No.2585 of 2004. During trial, on behalf of plaintiffs, Pws. 1 to 7 were examined and Exs. A.1 to A.13 were