JUDGMENT

(Prayer: Second Appeal is filed under Section 100 of C.P.C, to set aside the judgment and decree dated 09.07.2004 passed in A.S.No.47 of 2001 on the file of the Subordinate Court, Padmanabhapuram and confirm the judgment and decree dated 03.06.1999 passed in O.S.No.213 of 1998 on the file of the Principal District Munsif Cum Judicial Magistrate, Eraniel.)

The plaintiffs are the appellants.

2. The plaintiffs filed O.S.No.213 of 1998 before the Principal District Munsif Cum Judicial Magistrate, Eranial for declaration that the first plaintiff trust and temple is a religious denominational one belonging to the Nair Community of Thirunainarkurichy. The plaintiffs prayed for a consequential permanent injunction restraining the defendants from interfering with the administration of the trust by the plaintiffs 2 to 4 or the trustees elected from time to time. The said suit was decreed by the trial Court. Defendants 2 and 3 filed A.S.No.47 of 2001 before the Subordinate Court, Padmanabhapuram. The learned Subordinate Judge was pleased to allow the appeal and dismissed the suit. As against the said judgment, the present second appeal has been filed by the plaintiffs.

3. The plaintiffs