N.RAJAGOPALA AYYANGAR, A.K.SARKAR, J.R.MUDHOLKAR
Mahant Narayana Dasjee Varu – Appellant
Versus
Board Of Trustees, The Tirumalai Tirupathi Devasthanam – Respondent
Judgment
AYYANGAR, J.:- These four appeals which are on certificates of fitness granted by the High Court of Andhra Pradesh arise out of decrees passed in applications filed under O. 20, R. l2, Civil Procedure Code in two suits brought by the Tirumalai Tirupathi Devastham Committee (hereinafter referred to as the Devasthanam Committee) the predecessor of the respondents for the ascertainment of mesne profits of the Devasthanam properties in the possession of the Mahant of the Sri Hathiramjee Mutt who is the Vicharanikartha or manager of the Tirumalai Tirupathi temples was previously in management of the properties of the temple. From the decrees passed by the Principal Subordinate Judge of Chittoor in the two applications, to the details of which we shall refer presently, two appeals were filed to the High Court and they were there consolidated for hearing and are covered by a common judgment. As the judgment of the High Court somewhat varied the decree granted by the Subordinate Judge the learned Judges granted a certificate of fitness under Art. 133(1) of the Constitution. Appeals 106 and 107 have been filed by the Mahant while the Devasthanam Committee have preferred appeals 108
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