1. Theappellants/defendants 2 to 5 have filed the present Appeal before this Court as against the judgment and decree dated 23.10.2003 made in O.S. No. 255 of 1997 passed by the Learned Subordinate Judge, Udhaga- mandalam.

2. Respondents 1 to 4/plaintiffs‘ plaint averments:

The respondents 1 to 4/plaintiffs are the permanent residents of Nanjanadu Village in Ooty Taluk, belonging to Badaga Community, a pre-dominant native community in Nilgiris District, in Nanjanadu Village, there is a Bajanai Temple known as ‘Sri Nanjundeswarar Bajanai Temple‘ founded and constructed by the Badaga Community people. Originally, a Bajanai Madam was functioning in the then house of the third respondent/third plaintiff, nearly about 100 years before. The Bajanai Madam later was shifted to the temple Sri Nanjundeswarar which was constructed during the year 1987 and Kumbabisekam was performed in the same year. The construction of Sri Nanjundeswarar Bajanai Temple is the continuation of the Bajanai Madam which was functioning for the past one century. The Badaga Community people are known for their deep involvement and strict adherence of religious, rituals and ceremonies. There is a custom pr