C.V. Karthikeyan, J.

The plaintiffs in O.S. No.458 of 1996 are the appellants herein. The plaintiffs, Krishnan had filed the above said suit before the learned District Munsif, Thuraiyur, seeking declaration of title and injunction with respect to the suit schedule properties. By Judgment and Decree dated 24.06.2002, the suit was decreed in so far as the first and second plaintiffs were concerned and dismissed in so far as the third and fourth plaintiffs were concerned. The defendants had also filed a counter claim. That was also dismissed.

2. The defendants then filed A.S. No.89 of 2002 which came up for consideration before the II Additional Subordinate Court, Tiruchirapalli. By Judgment and Decree dated 08.11.2004, the appeal was partly allowed and the Judgment and Decree of the Trial Court was modified. The suit was dismissed with respect to other reliefs. Counter claim was also partly allowed.

3. Challenging the said Judgment and Decree, the plaintiffs have filed the present Second Appeal. Pending the appeal, the first appellant died. Since the second, third and fourth appellants, his legal representatives were already on record, the death of the first appellant was recor