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2006 Supreme(SC) 229

S.B.SINHA, P.K.BALASUBRAMANYAN
P. R. Murlidharan – Appellant
Versus
Swami Dharamanda Theertha Padar – Respondent


Judgment

S.B. Sinha, J.—Leave granted.

2. Application for impleadment is allowed.

3. The respondent herein claimed himself to be a Sansyasi in the tradition of "Sree Chattambi Swamy Thiruvadikal" and Madathipathi and Sthiradhyakshan of Parama Bhattara Gurukula Seva Sangham, popularly known as "Vadayampadi Asharamam". The respondent filed a suit in the Court of Munsiff, Kolencherry being O.S. No.71 of 2000 for a declaration that he was entitled to continue in the said capacity had he was not allowed to discharge his duties attached to the said office in terms of the purported order dated 20.1.1996 of Kailasanatha Theertha Padar. The said suit was dismissed for default. An application for restoration of the said suit was filed which was also dismissed.

4. It is not in dispute that the appellants herein had raised a contention that the general body of the Seva Sangham had met on 7.1.2001 and resolved to amend the deed of trust so as to abolish the post of Sthiradhayakshan and to vest his powers and duties in the President of the Seva Sangham.

5. Kailasanatha allegedly served as Sthiradhayakshan since 1996 onwards. It was stated that while he was on pilgrimage, the first respondent claimed





















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