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1984 Supreme(Ker) 286

K.K.NARENDRAN, PARIPOORNAN
SWAMI PREMANANDA BHARATHI – Appellant
Versus
SWAMI YOGANANDA BHARATHI – Respondent


Judgment :-

1. These are connected appeals. The 1st defendant in O. S, No. 2 of 1962, District Court, Quilon, is the appellant in A. S. No. 32 of 1978. The 1st plaintiff in O. S. No. 2 of 1962, District Court, Quilon, is the appellant in A.S. No. 119 of 1978. Originally there were two suits, O. S. Nos. 2 and 3 of 1962. The 1st defendant in O. S. No. 2 of 1962, was the plaintiff in O. S. No. 3 of 1962. This later Suit, O. S.3 of 1962, was withdrawn. We are now concerned only with O. S. No. 2 of 1962, The case has a chequered career. The facts involved are voluminous. In the light of our decision on a fundamental and crucial point, we are stating only the bare minimum facts to understand the background of the case. The suit was filed for removal of the first defendant from the management of the Asramam, to frame a scheme for the administration of the Trust, and for an order of injunction. The plaintiffs are Sanyasis attached to the Asramam of which the first defendant is the Mahant in office. Originally this suit was decreed by the trial Court. The matter was taken up in appeal. The decision rendered in appeal by the High Court is reported in Swamy Premananda Bharathy v. Swamy Yogana













































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