H H SRI LAXMIMANOJNA THIRTHA SWAMIAR OF SRI SHIRIRUR MUTT Vs. H H SRI SUJNANDRA THIRTHA SWAMIAR

JUDGEMENT

(1.) The appellant in M.F.A. 348/69 is the plaintiff in O.S. No. 11/69 in the Court of the Civil Judge, Udipi, SK. In the said suit, he prayed for a declaration that the alleged appointment of the first defendant by the fourth defendant as his successor to the Palimar Mutt of Udipi was illegal and void, that the first defendant has not become one of the Swamiars of the Ashta Mutts of Udipi and hence was not entitled to enter the 'Garbha Griha' or Sanctum Sanctorum and periorm the Puja to the idol of Lord Krishna or to perform the Pariyayam of the Krishna Mutt for a period of two years commencing on or about 17th January 1970. He prayed that a permanent injunction be granted restraining the first defendant from doing all or any of the things and also for grant of an injunction against defendants 2 and 3 from allowing the first defendant in doing so. In the said suit, he also prayed for grant of a mandatory injunction against the third defendant either to ordain and appoint a suitable Bala-Brahmachari as per the custom and usage as the Matadhipathi of the Phalimar Mutt, or to take upon himself and perform the next Pariyayam; and if for any reason the third defendant fails to do so, to ask or permit defendants 5 to 8 or the plaintiff, to perform the same; and grant a permanent injunction, restraining defendants 1 to 3 from interfering in any manner with the party so chosen out of defendants 5 to 8 and the plaintiff, from duly performing the said Pariyayam. After filing the suit, the plaintiff filed I.A. No. I praying that a temporary injunction may be granted restraining the first defendant from entering the Garbha Griha and performing puja in the plaint Mutt and also from performing the Pariyayam commencing from 17-1-1970. The learned Civil Judge did not grant the order of temporary injunction prayed for. This appeal is directed against the said order of the learned Civil Judge refusing to grant the temporary injunction.

(2.) The appellants in M. F. A. No. 349/69 are defendants 5 to 8 in the said suit. Respondents 1 to 6 are defendents 1 to 4 and 9 and the plaintiff. In this appeal also defendants 5 to 8 challenge the said order of the learned Civil Judge refusing to grant the temporary injunction prayed for in I.A. No. 1 in the said suit O.S. 11|69.

(3.) For the sake of convenience, during the course of this judgment, the parties will be referred to by the designations given to them in O.S No. 11/69.