COCHIN THIRUMALA DEVASWOM Vs. ATHMANANDA RAO

JUDGEMENT

(1.) The second defendant in OS No.252/2019 of the Munsiff Court, Ernakulam, aggrieved by the order dated 26/2/2019 in IA No.1637/2019 has preferred this original petition.

(2.) The case of the plaintiffs before the court below was that they are the disciples of Shree Kashi Math Samsthan and also devotees of Lord Sri.Venkatachalapathi. The second defendant is the Cochin Thirumala Devasom, which is an ancient temple belonging to the Gowda Saraswath Brahmin Community of Cochin and is the mother of all institutions of the above community. The plaint schedule temple and its premise are shown as the plaint schedule property.

(3.) According to the plaintiffs, Mathadhipathi of Shree Kashi Math Samsthan is the supreme religious head of the Mahajana Yogam and exercises all powers, rights and privileges, as per the Devaswom Chatta Patram. During his life time, as per the traditional customs of of Kashi Math, third defendant was taken was taken as a shishya/successor of Shree Kashi Math Samsthan. After the death of Mathadhipathi of Kashi Math, it is alleged that the rival claim is set up by the first defendant claiming himself to be the Mathadhipathi. The third defendant herein had filed OS No.34/2000 before the Ivth Addiitional District Court, Thirupathi claiming spiritual and temporal supremacy and claiming himself to be the 21st Mathathipathi. By judgment of the Additional District Court, the suit was dismissed and the counter claim filed by the then Madathipathi stands decreed. The decree was transferred for execution to the First Additional District Court, Ernakulam.