( 1 ) IN this petition which is filed under Article 227 of the Constitution, petitioners/original defendants seek to challenge judgment and order dated August 7, 2002 rendered by learned 2nd Extra Assistant Judge, Surat in misc. Civil Appeal No. 120 of 2001 by which appeal filed by the respondent/original plaintiff against the petitioners came to be allowed and thereby order dated 9/11/2001 recorded below Ex. 5 in Regular Civil suit No. 9 of 2001 disallowing the respondents application has been set aside and ad-interim injunction as prayed for by the respondent in prayer clause para 11 (1) and (2) of Ex. 5 has been granted till final disposal of the suit whereas cross-objections filed by petitioner nos. 1 and 3 at Ex. 10 and petitioner No. 2 at Ex. 11 have been rejected.

( 2 ) PETITIONER Nos. 1, 2 and 3 herein are the original defendant Nos. 1, 2 and 3 whereas respondent herein is the original plaintiff in the lower courts and, therefore, for the sake of convenience and brevity, in this petition also, they are referred to as the plaintiff and the defendants.

( 3 ) SINCE the question involved in this petition is relating to succession of the "pithadhipati" of Surat pith where the Nidhi Swaroop of Balkrishanji had been consecrated by First Pithadhipati of Nathdwara Shri Gosai shri Vithaldasji of Vallabh Sampraday (Pushti Marg) which is of considerable importance for the followers and disciples of the said Sampraday, this matter is taken up for hearing and decided finally at the admission stage with the consent of the learned advocates appearing for the parties.

( 4 ) BEFORE highlighting the nature of controversy posed for determination in this petition, it would be advantageous to refer the short history of Vallabh sampraday and its founder late Shrimad Vallabhacharyaji mahaprabhuji and as to under what circumstances seven other Piths besides the main Pith at Nathdwara originally in Uttar Pradesh, Rajasthan and Gujarat came into existence and also facts of the plaintiffs case as to under what circumstances he is constrained to file the suit. 4. 1. THE religious sect known as "vallabh Sampraday" (Pushti Marg) was founded by late Shrimad vallabhacharyaji Mahaprabhuji, a Telangana Brahmin, having its main or Pradhan Pith at Nathdwara where an idol of Lord Shrinathji was installed in 16th century. The family pedigree of Shrimad Vallabhacharyaji mahaprabhu (1535-1587) has been narrated in the suit. Shrimad Vallabhacharyaji Mahaprabhuji had two sons, namely, Shri Gopinathji and Shri Gosaiji Vithalnathji. Shrimad Vallabhacharyaji Mahaprabhuji had bestowed after his heavenly abode, the idol of Shrinathji and of his consort Navnitpriyaji to Shri Vithalnathji who became pithadhipati of the Pradhanpith at Nathdwara. Shri vithalnathji had seven sons, namely, Shri Girdharji, Shri govindraiji, Shri Balkrishanji, Shri Gokulnathji, Shri raghunathji, Shri Yadunathji and Shri Ghanshyamji. Shri vithalnathji consecrated seven idols, which were given to his seven sons and they are installed at different piths as follows: location ofaadi Pithadhipatisname of the the pith,and sons of Gosaijinidhi Deity house ofvithalnathji gadi kotagirdharjimathuradhishji nathdwaragovindraijivithalnathji kankrolibalkrishnaraijidwarkadhishji gokulgokulnathjigokulnathji kamvanraghunathjigokulchandramaji suratyadunathjibalkrishnalalji kamvanghanshyamjimadanmohanji --4. 2. IN this petition we are concerned with the 6th pith of Surat where Nidhi Swaroop of Lord Balkrishnalalji was bestowed on the Adi first Pithadhipati Shri yadunathji. It is the say of the plaintiff that the idol of Balkrishnalalji and rights regarding the seva of the said 6th pith at Surat lastly belonged to Shri Goswami vrajratanlalji Maganlalji Maharaj (dadaji for short) who was grandfather of the plaintiff. It is averred by the plaintiff that Dadaji had executed a will in respect of 6th Pith of Yadunathji and rights of worship we