P.R.SHIVAKUMAR
Ramasamy – Appellant
Versus
Arulmighu Visweswaraswamy Veeraraghavaperumal Temple Tiruppur – Respondent
The plaintiffs, who failed in both the Courts below, have come forward with the present second appeal challenging the decree of the lower appellate Court dated 15.07.2004 made in A.S.No.19 of 2004 confirming the decree of the trial Court dated 23.09.2003 made in O.S.No.46 of 1997 dismissing the said suit.
2. For the sake convenience and for achieving clarity, the parties are referred to in accordance with their ranks in the original suit and at appropriate places their ranks in the second appeal shall also be furnished.
3. The above said suit came to be filed by the appellants/appellants against the respondents herein/defendants based on the following averments:
i) Originally a total extent of 11.78 acres comprised in S.F.No.128 of Tiruppur Village belonged to one Velappa Gounder. On his death, the said property devolved upon his legal heirs and in a partition among them, Muthu Gounder son of Velappa Gounder got 3.93 acres, Velappa Gounder and Palani Gounder sons of Chinnia Gounder together got 3.93 acres and Sankarappa Gounder got 3.93 acres. Out of 3.93 acres of land allotted to Sankarappa Gounder, his sons Velappa Gounder, Muthu Gounder and Lakshmana Gounder were allotted
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