RANGANATHAN Vs. K.MADHAN

JUDGEMENT

(1.) The defendants 1 to 5 are the appellants.

(2.) The 1st and 2nd respondents filed a suit in O.S.No.234 of 2014 for declaration that they are the joint hereditary trustees of the suit temple along with the appellants 1 to 5 herein and for a consequential direction to the 3rd respondent to pass a suitable order giving effect to such declaration. They also sought for injunction restraining the appellants from interfering with the right to function as hereditary trustees of the suit temple. The suit was decreed in part granting a decree in favour of the 1st respondent declaring that he is joint hereditary trustees along with the appellants 1 to 5 herein and for a consequential direction to the 3rd respondent to enforce the said decree of declaration. The Trial Court also granted an injunction restraining the appellants from interfering with the hereditary trusteeship of the 1st respondent. Holding that the 2nd respondent being son of the 1st respondent is not entitled to maintain suit during life time of 1st respondent, dismissed the suit in so far as he is concerned.

(3.) Aggrieved by the said decree, the appellants 1 to 5/defendants 1 to 5 filed this appeal. While pending the appeal, the 1st appellant passed away and hence, the appellants 6 to 9 were brought on record as his legal representatives.