SWAMI SHANKARANAND Vs. MAHANT SRI SADGURU SARNANAND

JUDGEMENT

(1.) Leave granted.

(2.) Whether a disciple attached to a Mahant in one of the establishments run by a Religious Trust will have locus standi to maintain an appeal from an order of the District Judge allowing an application filed by the Trust under Section 92(1)(f) of the Code of Civil Procedure, 1908 (for short, "the Code") is the short question which arises for consideration in this appeal.

(3.) One Swami Sarupanand was the founder of the Math. He was disciple of Swami Advaitanand. The latter was a religious preceptor of great learning and had a large following. Swami Sarupanand took his Samadhi at Meerut in March 1936 and according to his wishes Swami Atmavivekanand became the Mahant. He was succeeded by Swami Harsewanand who in turn was succeeded by Swami Harshankaranand. Swami Harshankaranand died on 22.02.1993. He had three disciples; Sarnanand, Premanand and Smt. Tapesara. Premanand died on 10.06.2005. He was succeeded by Swami Shankaranand. Appellant is said to have succeeded Swami Shankaranand. Appellant contends that succession to the office of Mahant is by nomination. Any person so nominated adopts the life of a sanyasi. He leads the life of celibacy and religious mendicancy.