Ramaprasada Rao, J.-This appeal is against the judgment of Sethuraman, J., in application No. 3094 of 1973 in C.S. No. 42 of 1923. Sri Payandi Amman Temple, Nadukuppam, Lloyds Road, Madras is an ancient temple for which a scheme apparently under section 92 of the Code of Civil Procedure was framed by this Court in C.S. No. 42 of 1923 dated 26th March, 1926. Inter alia the scheme provided that for the management and administration of the temple two trustees were to be in charge thereof. On the happening of a vacancy by the death or resignation or otherwise of one or both the trustees of the temple an application shall be made to the High Court by one or more members of the Pattanavar community residing at Nadukuppam, Triplicane, Madras, for filling up the said vacancy. The methodology by which the selection of the trustee in the vacancy so created is also set out. Consequent upon the creation of a vacancy, the applicant came to Court and sought for an order for appointment of a fresh trustee in the vacancy caused by the retirement of one Balajee. The appellant sought for directions to continue in office as sole trustee till another trustee was appointed by the Court so as to satisfy

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