Defendants 1, 2 and 4 in U.S. No. 19 of 1984 on the file of the District Munsif, Salem have preferred Second Appeal No. 42 of 1986 while the fifth defendant in the same suit has preferred the other Second Appeal No. 43 of 1986.

2. The suit was filed originally by two persons for a declaration that Arulmighu Kannanur Mariamman temple situated in Tharamangalam village is a denominational temple entitled to the protection conferred by Art.26 of the Constitution and that the provisions contained in the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 could be applied only subject to the Constitution al rights recognised by S.107 of the said Act, for a direction to the Assistant Commissioner, H.R. and C.E., Sdlem-7 to remove the hundial installed by him illegally on 7-7-1982 by means of a mandatory injunction and to restrain the defendants and their men from installing a hundial or directing the plaintiffs to instal a hundial or by appointing trustees or in any other manner interfering with the possession and management of the temple by the plaintiffs by means of a permanent injunction. During the pendency of the suit, the second plaintiff died and plaintiffs 3