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2005 Supreme(All) 2438

V.C.MISRA
JAGATGURU SHANKARACHARYA SWAMI BASUDEVANAND SARASWATI – Appellant
Versus
DISTRICT JUDGE, ALLAHABAD. – Respondent


Advocates:
Counsel :
V.K.S. Chaudhary and Pranav Ojha for the Petitioner; G.N. Verma, S.O.P. Agrawal and Dr. Madhu Tandon for the Respondents.

JUDGMENT

Hon’ble V.C. Misra, J.—Sri V.K.S. Chaudhary, learned Senior Advocate assisted by Sri Pranav Ojha, Advocate on behalf of the petitioner and Sri G.N. Verma, learned Senior Advocate assisted by Sri S.O.P. Agrawal and Dr. Madhu Tandon, Advocates on behalf of the respondents have appeared.

2. The facts of the case in brief are that rival claimants have been indulging in long drawn litigations from 1953 to the office of the Shankaracharya of Jyotirmath (also called Jyotish Peeth) and as time passed by their successors locked horns. The present original suit No. 513 of 1989 was filed by Swami Swaroopanand Saraswati for permanent injunction restraining installation ceremony of Swami Vasudevanand Saraswati as Jagatguru Shankaracharya of Jyotish Peeth which was scheduled to be held on 15.11.1989 alongwith consequential injunction that he may be restrained from using the ‘Dand, ‘Chhatra’, ‘Chanwar’ and ‘Singhasan’ of the office of Shankaracharya of Jyotish Peeth. The trial court refused ex parte injunction and on 15.11.1989 Swami Vasudevanand Saraswati was duly installed as Jagatguru Shankaracharya of Jyotish Peeth and since then has been acting as such till date. The Additional Civil




































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